The truth is that taking your personal injury lawsuit all the way to trial can be stressful, expensive, and time-consuming. Furthermore, you are never sure what the result will be until the judge decides.
Many personal injury attorneys suggest that their clients participate in a settlement conference to help manage costs, increase their chances of being compensated, and reduce stress.
Typically, a settlement can be reached between the two parties even after the case has been filed. In some cases, a settlement can be reached before or after the discovery process ends and the facts of the case are clear.
A settlement conference is an opportunity for both parties to discuss their version of events and explore potential solutions that would resolve the case promptly.
This article discusses everything you need to know about a settlement conference and how it works. Read on to learn more.
Settlement Conference – What Is It?
A settlement conference is a meeting between parties involved in a civil lawsuit, usually with their attorneys present. The goal of the settlement conference is to try to reach an agreement on the outstanding issues in the case so that it can be resolved without going to trial.
The settlement conference is typically presided over by a mediator, who is a neutral third party. The mediator does not take sides and does not make any decisions regarding the case.
Instead, their role is to facilitate communication between the parties and help them come to an agreement.
In some cases, the settlement conference is presided over by a judge. In these instances, the judge will often give their opinion on the case and offer suggestions on how to resolve the outstanding issues. However, the judge is not required to do this.
How Does a Settlement Conference Work?
The settlement conference usually takes place in a conference room at the courthouse. The mediator will meet with each party separately to discuss their case and gauge what kind of settlement would be acceptable.
At the settlement conference, the mediator will act as a neutral third party who can facilitate communication between both parties. The mediator will not make any decisions or take sides; their role is to help the parties involved reach an agreement that suits everyone’s needs.
During the conference, each party will be given a chance to explain their version of events and what they would be willing to accept as settlement. The mediator will also seek out specific areas of dispute and try to brainstorm creative solutions that may satisfy both parties.
Once the mediation is complete, the mediator will summarize their findings and submit them back to the court, along with any potential settlement agreements between the parties. The judge will then decide whether or not to approve the settlement and move forward with it.
Who Will Be at the Conference?
The settlement conference will typically involve the plaintiff, the defendant, and their respective attorneys. The parties may also choose to bring in their insurance representatives in some cases.
It is important to note that not all cases will go to a settlement conference. If both parties cannot agree, the case will move forward to trial.
What Happens If We Do Not Settle?
If the parties cannot reach a settlement during the conference, the case will move forward to trial. This means that a judge or jury will hear the evidence and testimony from both sides and render a verdict accordingly.
A trial can be stressful, expensive, and time-consuming. That’s why it is essential to try to reach a settlement agreement during the conference, as this will help both sides avoid a lengthy and costly trial process.
While there is no guarantee that you will be able to settle your case at the conference, it is certainly worth trying. By working together with your attorney and the mediator, you may be able to reach an agreement that is satisfactory for all parties involved.
Common Situations Involving Settlement Conferences
The most common scenario involving a settlement conference is a personal injury case. In a personal injury case settlement conference, the plaintiff (usually the victim) and the defendant (usually the insurer) reach an agreement regarding a payout for the plaintiff’s injuries and damages.
Another common scenario that usually involves settlement conferences is contract disputes. In these cases, the parties will come together to work out their differences and reach an agreement on how to move forward.
Many contracts contain a liquidated damages clause stipulating that a pre-determined amount will be paid to the other party in the event of breach or default. This provides both parties with a sense of security and stability, as they know what to expect if specific terms are not met.
A settlement conference can also be useful in resolving child custody or divorce cases. This can allow the involved parties to reach an agreement on matters such as custody, visitation, and child support that is satisfactory for all parties involved.
Fortunately, many cases can be resolved through a settlement conference if both parties are willing to listen, compromise, and work together in good faith. However, if the case moves forward to trial, the court will ultimately decide the best outcome depending on the evidence presented.
What Are My Options at the End of the Settlement Conference?
If the plaintiff and defendant reach a settlement, a judge can immediately make an order setting out the terms and finalizing any agreements reached.
For instance, if the defendant agrees to pay the plaintiff $5000 in damages, a judge will sign an order to that effect, and the defendant will be legally bound to make the payment.
If the case does not settle, the mediator will prepare a report for the court, likely containing recommendations on how the case should proceed.
The mediator’s report is not binding on the court, but it may be given some weight in determining how the case should be decided.
Whatever happens at the end of the settlement conference, it is essential to work with your attorney throughout this process and make informed decisions that are best for you.
Summary
A settlement conference is a meeting held to see if both parties can come to an agreement about the case. The meeting will be attended by the plaintiff, the defendant, their attorneys, and a mediator.
If an agreement cannot be reached, the next step would be a trial. There are several common situations in which a settlement conference may take place. If you have been served with court papers, it is crucial to understand what a settlement conference is and how it works.
Be sure to contact an experienced personal injury attorney for guidance on the best way to approach your settlement conference.
