At the BTLA, we are always evaluating the process. At individual hearings and at teaching conferences, the BTLA often shares its thoughts on settlements. This article will articulate for a larger audience the BTLA s thoughts on settlements. In recent years, the BTLA has seen an increase in settled and withdrawn cases. Interestingly, as the settlement rate has increased, the cases that are being heard are generally more complex and more difficult to decide.
Cases settle or are withdrawn at various stages of the appeals process.
For the parties, earlier settlement may be preferable and more achievable because the parties have not yet invested significant resources preparing the case and because entrenchment and loss of flexibility have not yet occurred. For the BTLA, a settlement before a hearing is scheduled saves a hearing slot for another case. A case settled after scheduling results in a lost hearing slot. Even scheduling a prehearing conference results in settlement. Preliminarily, while the BTLA has settlement statistics, the BTLA has not researched the magnitude of abatement on settled or withdrawn cases.