Rule 3.8 Encouraging Settlement and Serving as a Settlement Judge…. 8
Rule Text
(A) A judge may encourage parties to a proceeding and their lawyers to consider settling matters in dispute but shall not act in a manner that coerces any party into settlement. To avoid coercing a party into settlement, a judge who encourages settlement or who serves as a settlement judge should consider, among any other pertinent factors, whether (1) the parties or their counsel are relatively sophisticated in legal matters, (2) the case will be tried by a judge or a jury, (3) the parties participate with their counsel in settlement discussions, (4) any parties are self-represented, and (5) the matter is civil or criminal.
(B) Nothing in this rule precludes a court from requiring parties to attend a meeting to consider whether they are willing to participate in settlement discussions. If the parties agree to participate in settlement discussions, the settlement judge may confer separately with each party or each party's lawyer on the merits of a matter in an effort to settle matters before the court.
(C) Except with the consent of the parties, a judge who will rule on the merits of a pending case shall not participate in the case as a settlement judge.