Settlement Discussion Rule The Federal Circuit's settlement discussion rule, Fed. Cir. R. 33, applies in certain types of cases. This requirement applies only if all parties are represented by counsel and the federal government is not a party. Counsel for the parties arrange for and conduct the settlement discussions.
Settlement discussions are mandatory in cases of the type identified in the court's rule.
The process is governed by Fed. P. 33 and Fed. Cir. R. 33. The primary purpose of Fed. R. 33 is to generate discussions regarding settlement or voluntary dismissal.