Local Rule LR68.3: Judicially-Hosted Settlement Conferences

LR68.3 Judicially-Hosted Settlement Conferences With the consent of the parties, a judge of this Court may refer any civil case for a judicial settlement conference. A judicially-hosted settlement conference is an informal, flexible, noncoercive and voluntary conference designed to aid in settlement of a case.

(a) Attendance. The settlement judge may require the attendance of the parties and their representatives at the settlement conference. In the case of parties who are not individuals, any questions concerning the adequacy of the party's representation should be taken up with the settlement judge before the settlement conference is convened.

(b) Memorandum to Judge.

(1) Each party may forward, at least 7 days, or earlier if the settlement judge directs, prior to the scheduled conference, an ex parte, confidential memorandum to the designated settlement judge. The parties are encouraged to include in that memorandum the following: a. The party's basic contentions. b. The nature and extent of any past settlement negotiations in this case. c. Expected monetary value of the case if liability is found. d. Probability of success of each party (expressed as a percentage). e. The strengths and weaknesses both factually and legally of each party's position. f. Suitable range for settlement. g. Any other matters deemed important (e.g., controlling case law, statutes).

(2) If a party chooses not to forward an ex parte confidential memorandum to the settlement judge, then that party shall forward to the settlement judge at least 7 days before the settlement conference as much of the information specified in (b), as possible with or without sending a copy to adversary counsel or at such time as the settlement judge may direct.

(c) Disclosures by Settlement Judge. The judicial officer conducting the settlement conference shall not discuss with the trial judge assigned in the case, or with anyone else other than settlement conference participants, anything regarding the settlement conference or the facts and arguments disclosed by the parties, except that the trial judge assigned to the case will be informed of any progress made toward settlement.

(d) Good Faith. The parties shall be prepared and shall participate in good faith. Fed. R. Civ. P.16(f).

(e) Neutrality. The judicial officer participating in the settlement conference shall be a neutral mediator and facilitator and shall play absolutely no role in the adjudication of the case once he is designated as settlement judge. Where requested by any party, all communications between that party and counsel and the settlement judge will be kept strictly confidential.

(f) Oral Summary. Counsel for each party shall prepare a brief oral summary (in the nature of what might be that party's final argument) to be given at the settlement conference in the presence of all participants.

(g) Format. The settlement judge shall retain complete discretion regarding the format and the manner of carrying on the settlement conference. Participation by any party shall, at all times, remain voluntary.

(h) Confidentiality. Settlement discussions are confidential as provided by Federal Rule of Evidence 408. This applies to written submissions requested by the settlement judge as well as statements made in connection with the settlement conference.