Strengths And Weaknesses Of The Settlement Conference In Court Cases

The settlement conference is an informal proceeding with a judge that will not preside over the trial of the case. Further, it is not an adversarial hearing, but instead encourages cooperation of the parties in order to resolve the case. Consequently, each party will be required on make concessions if the case is to settle. This is much different than a trial where each party argues its case and then the jury decides who wins and loses. In contrast, no one at the conference will make a decision as to which party is right or wrong, but instead the judge will discuss with each party the strengths and weaknesses of its case in an effort to get the parties to agree to a resolution. In addition, there will be neither a finding of liability nor
She may ask each party’s attorney to make a brief statement. The judge will then ask one of the parties, and her attorney, to leave her chambers to allow her to speak with the other party and attorney. Thereafter, she will excuse that first party and attorney from her chambers and have the other party and attorney come back to chambers. She will then have the parties and attorneys switch back and forth in an effort to reach an agreement. I expect that the conference, which is scheduled to start at 8:30 a.m., will last two hours at the most because the judge will have other cases to hear. However, the proceeding may extend beyond that timeframe if the judge believes that the parties will benefit from further
The judge presiding over the conference was an experienced trial attorney before being elected to the bench. Further, she has presided over several hundred trials since 1995. Therefore, she has unparalleled knowledge regarding which factors make the most powerful impact on juries and she is aware the one of the most important considerations in a trial is whether the jury likes a party. It is somewhat logical if you compare it to everyday life. If you like someone, you are more likely to believe her. However, if you are not fond of her, it is harder for you to trust that individual. Hence, the demeanor of the parties themselves is usually the most important consideration at trial. As a consequence, whether a party is likeable has a direct and substantial impact on the value of a case. Therefore, a party’s appearance at the settlement conference is also