Requests by parties Parties may ask to participate at any time during a program-eligible case. A conference is scheduled if possible and appropriate. For example, attorneys occasionally request a conference during or after briefing and on rare occasion before an appeal is docketed. Judicial selection Hearing panels occasionally refer cases to the program during or immediately before argument. Once a joint conference is agreed on, the settlement director sends counsel a confirmation letter setting the date and time of the conference and specifying the persons with settlement authority who will attend.
Cancellations are infrequent.
Consent to participate The majority of the conferences are scheduled by advance consent. In telephone conferences scheduled by letter without prior contact, counsel are advised that participation in the program is voluntary and that a party has the right to cancel a conference. Timing of conferences Attempts to contact attorneys and schedule settlement conferences occur at the early stages of an appeal, before filing of the transcript and briefs. Generally the conference occurs in advance of the due date for appellant's brief, which is normally six weeks after docketing of the appeal. Settlement director travel to conferences outside St. Louis can be arranged occasionally, depending on the time required for travel, the cost of travel, and the number or complexity of cases scheduled for conference in a given location within the pre-briefing period.