Generally the referral occurs in cases that have not settled by the time of the final pretrial conference, although the judges may refer cases at other times if appropriate or if requested by the parties. The parties are notified of the referral by order of the court and must attend the conference. Sanctions may be imposed for noncompliance. In the settlement conference, the magistrate judge meets with the parties to try to reach settlement. Shuttle diplomacy may be used, but the magistrate judge does not offer an evaluation of the case or give a decision.
Settlement conferences take about five hours.
The court has an informal policy that the settlement judge will not discuss the particulars of the settlement conference with the presiding judge if the case does not settle. The court's program, which is called mediation, has not been encoded in written rules or orders, although it is an established procedure in the court. Approximately forty cases were referred to magistrate judge settlement conferences between January and September 1994. On occasion a judge has held a summary jury trial. Of note Obligations of counsel.