A settlement conference consists of each party presenting to a neutral attorney, the Settlement Master, their legal position and factual argument in support of their case. The Settlement Master will consider the written and oral presentation by each side; then will meet privately with each party and attorney and evaluate the strengths and weaknesses of their respective positions in the case. Each of the parties hears its case compared and contrasted with the other party’s case. The parties also hear an objective third party’s opinion of their case’s strengths and weaknesses, providing a “reality check.” This procedure often leads to settlement or more productive negotiations.
A settlement conference is different from mediation, as mediation can easily take place before a lawsuit or divorce is filed. Settlement conferences are more typically used after the lawsuit is fully developed and the parties have completed most pre-trial steps. A settlement conference is one of the last opportunities for the parties to settle their dispute before going to trial.
If the parties reach an agreement to settle the dispute, the Settlement Master will draft a document for each party to sign. This Settlement Agreement addresses all the issues the parties have been able to agree upon. The settlement is binding on the parties, that is, each party must act in conformance with the Settlement Agreement. Typically, the Settlement Agreement is filed with the Court and the parties’ attorneys prepare any necessary documents to finalize the agreement and dismiss the lawsuit.