A Guide to the Settlement Conference: Tips and Strategies for a Successful Outcome

Although a settlement conference can be held in a criminal case, in my own practice, it usually occurs in the context of professional license discipline. It is an excellent opportunity to present your case to the Board, because any decision is non-binding. If they don’t make an offer that you are happy with, you can proceed to the formal hearing. If you are facing license discipline and need representation in an Informal Settlement Conference, please reach out to ATX Legal for a consultation on your case.

Understanding the Settlement Conference Process

• A settlement conference is a process where a judge or volunteer attorney helps parties negotiate a settlement, but doesn’t make any decisions or orders.

• Settlement conferences can be mandatory (court-ordered) or voluntary, and may be held close to the trial date.

• The settlement conference judge will provide an opinion on your case, but you’re not obligated to follow it if you don’t reach an agreement.

• Settlement conferences are usually held in the judge’s chambers or a conference room.

Preparing for a Settlement Conference

• A good faith settlement demand and offer must be exchanged in advance of the settlement conference.

• Counsel should be completely familiar with the case and possess complete authority to negotiate and settle.

• Parties must agree to keep the settlement conference confidential and not discuss settlement offers and demands in court.

Strategies for a Successful Settlement Conference

• Many courts require each party to attend the conference with their lawyer, and, in the case of civil actions, insurance company representatives may also be required to attend if they are involved in the case.

• Parties should come prepared to negotiate in good faith and be open to compromise.

• The settlement conference is an opportunity for parties to reach a mutually beneficial agreement, and parties should be willing to listen to each other’s perspectives.

• If parties reach an agreement, attorneys will work together to draft a settlement document that outlines the terms of the agreement.

Maximizing the Effectiveness of Settlement Conferences

• Voluntary settlement conferences can be a valuable tool for parties to resolve disputes when both parties agree without going to trial.

• Settlement negotiations can be more effective when other parties are willing to engage in good faith discussions and be open to creative solutions.

• The court may encourage parties to participate in settlement conferences, and parties should be prepared to take advantage of this opportunity.

• By being prepared and willing to negotiate, parties can increase the chances of a successful settlement conference and avoid the costs and uncertainty of a trial.