At the settlement conference, a judge will meet with the parties and their attorneys to try to reach a settlement. It will usually not be the same judge who would preside over the trial if the case does not settle. The judge will often take an active role in trying to get the two sides to reach a negotiated settlement. Conversely, the settlement judge may also seek to encourage an insurance company to offer more money in settlement. The approach will be based on the particular facts and the judge's experience in presiding over jury trials in that jurisdiction.
Judges can be very persuasive in settlement conferences.
If settlement is not reached at this time, the case will usually go to trial. Although it is not required, most personal injury cases are tried to a jury. In a jury case, the first step is to obtain a jury that can be fair and impartial. Traditionally, juries are made up of twelve individuals, although many courts use six jurors. Jurors are selected at random from the community using public records such as voter registration or drivers license information.