Successful Settlement Conferences

Settlement conferences with a judge may work best when the judge who handles the settlement conference is different from the judge who will hear the trial if the case is not settled. When the judges are different, the attorney and parties are more likely to be open and frank with the settlement-conference judge about what they would be willing to settle for, and that can help resolve the case without a trial. If the judge that handles the settlement conference will also hear the trial, the attorney and the parties may be more inclined to hold back on some of their positions out of concern that the judge will remember what they are willing to settle for and may not give more than that in the event of a trial.