However, the parties should be prepared to discuss the possibility of settlement at any pretrial conference, including the initial status conference. Counsel who attend the settlement conference are required to be thoroughly familiar with the case and have authority to negotiate a settlement. A Magistrate Judge or Judge has no power to impose settlement and does not attempt to coerce a party to accept any proposed terms. If settlement is reached, the parties will sign an agreement, thereby avoiding the cost of trial or other litigation. If no settlement is reached, the case proceeds to trial before the Judge or Magistrate Judge to whom the action is assigned.
Confidentiality is maintained at the conference, which fosters frank, open discussions.
Written settlement conference statements are submitted directly to the Judge or Magistrate Judge and are not made part of the case file. Positions taken in settlement negotiations generally may not be referred to if the case ends up being tried. A settlement conference is suitable for any kind of civil case, from the most straightforward to the most complex. A special master may be selected when the available judicial officers do not have the time for the negotiation or when specialized subject-matter expertise is required. The settlement conference may aid the identification and narrowing of issues in dispute.