How does a court schedule a settlement conference?

How does a court schedule a settlement conference?

To schedule a settlement conference, send a letter of request to the registrar of the court where the claim is filed outlining: whether ADR is appropriate in the particular matter and, if not, why not. The court can also direct that a conference be held at any time after a defence has been filed, even if parties don’t request one.

Who are the facilitators of a settlement conference?

How the settlement conference works An authorised registry officer, usually a registrar, conducts a settlement conference in the courthouse where the claim was lodged. They are neutral facilitators who assist the parties in their discussions. Other important points about settlement conferences include:

Can a magistrate judge preside at a settlement conference?

The judge who would preside at trial does not conduct the settlement conference unless the parties stipulate in writing and the judge agrees. Parties may request a specific magistrate judge or rank several magistrate judges in order of preference. The court will attempt to accommodate such preferences.

Can a registrar make a consent order for a settlement conference?

Alternatively, the registrar can make any consent orders required to give effect to an agreement signed by the parties. Unless the court orders otherwise, the costs of a settlement conference are costs in the proceeding.

What happens at the start of a settlement conference?

Starting the Settlement Conference. As the settlement conference begins, the judge will introduce him or herself, and then ask the lawyers to make brief, non-argumentative presentations of their client’s case. The non-argumentative concept is an important one in a settlement conference.

The judge who would preside at trial does not conduct the settlement conference unless the parties stipulate in writing and the judge agrees. Parties may request a specific magistrate judge or rank several magistrate judges in order of preference. The court will attempt to accommodate such preferences.

What happens if there is no hope of settlement?

If the judge is able to determine during the settlement conference that there is no hope of settlement, a definite trial date will be set and all parties will begin preparations for battle. Lawyers who appear for a settlement conference must be fully versed in the minute details of your case.

Can a defense attorney appear at a settlement conference?

The New York court rules and regulations require that only attorneys who are familiar with the case and have authority to settle the case are permitted to appear for such a settlement conference. There is a specific reason for this.