Any civil case may be referred for a settlement conference before a district or a magistrate judge, although Social Security, land condemnation, and student loan cases generally are not referred. Party consent is not required, but the court rarely refers a case without consent.
Referral is made at any appropriate time.
The referring judge generally enters an order setting the settlement conference and directing the parties to submit confidential settlement statements. The settlement statements must be submitted to the settlement judge three days before the conference. For use by settlement judge only, each party's statement must assess the strengths and weaknesses of both sides in the case, appraise liability, and estimate the economic costs of proceeding to trial. They must also contain a statement of the settlement authority extended by the client to the attorney on the basis of the attorney's written evaluation of the case. The evaluation must be furnished to the client in sufficient time to obtain express written settlement instructions.