Conference Sessions Preconference submissions The Settlement Conference Office does not ordinarily require counsel to submit a preargument statement other than the docketing statement described above. However, counsel are frequently asked to furnish copies of designated pleadings or opinions from the district court in advance of the initial conference. At the conference, the settlement conference attorney gives some attention to procedural matters, but the primary purpose is to explore the possibility of settlement. The focus is on realistically assessing the prospects of the appeal, the risks and costs of further litigation, the interests of the parties, and the benefits each side can gain through settlement. The conferences are official proceedings of the court but are relatively informal.
Discussion is conversational rather than argumentative.
The settlement conference attorney ordinarily meets with counsel first in joint session and then separately in caucuses. Although they discuss settlement proposals at the initial conference, settlement may not be reached at that conference. By the conclusion of the process, the parties have either reached an agreement to settle or have learned how far apart they are and what the remaining obstacles are to settlement. Party participation Participation in any conference scheduled under the program, including any follow-up conferences, is mandatory. Whether to settle is the parties' decision, but good-faith participation in the settlement process is required.