However, from time to time, in-person conferences are conducted at locations other than Chicago. If the participants believe that an in-person conference outside Chicago would be more productive than a conference by telephone, they may suggest it. Participants are required to keep what is said in these conferences confidential. In this respect, the settlement conference program operates independently of the Court. Participants in Rule 33 conferences, including the settlement conference attorney, are forbidden to impart to any judge or other court personnel what takes place in the conferences.
Discussion is conversational rather than argumentative.
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 settlement conference attorney ordinarily meets with counsel both together and separately. Settlement proposals are discussed. A resolution may or may not be reached during the initial conference. By the conclusion of the Rule 33 process, the parties have either reached an agreement to settle or learned how far apart they are and what are the remaining obstacles to settlement.