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Old 07-08-2012, 12:31 PM
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Default Judge's Opinion in Settlement Conf.

I have a settlement conference coming up in October. It is my understanding that the s/c judge may give his/her opinion as to what the outcome would be if the matter went to trial.

Does the judge do this in every s/c? or is it something you have to ask for?

I would also like to hear from those who received a s/c judge's opinion and what, if any, impact it had on the parties settling.

Thanks,
AD
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Old 07-08-2012, 01:15 PM
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A judge usually will, but judge's will do what they decide to do, there is no hard rule about it. The purpose of the SC is to encourage you to settle, so the judge is more likely to give such an opinion than at a CC.

You may ask. Seriously, put up your hand and ask politely, like you were in grade school.

Judge's at conferences usually do not read all of the submitted documents and there is no opportunity to challenge claims or cross examine. The opinion you get is from the synopsis you each provide, the conference brief. As such, the judge's opinion is not necessarily 100% accurate in terms of what would be decided at trial.
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Old 07-08-2012, 09:58 PM
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Let the judge lead. He/she will do an openibg "thing" ..and then work with your flow, and say what he/she figures the outcome would be in court. The goal for a "S.C." is to settle.

At mine, the judge did most of the talking, but casually .. (Hint: let him talk .. look at him nicely throughout, etc. ... Be cool, and show respect) ... His job is to steer BOTH of you toward settlement without a court/trial date.

I think the judge had a big impact on our settlement decisions - we pretty much went with his thoughts.
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Old 07-08-2012, 10:00 PM
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Quote:
Originally Posted by Mess View Post
A judge usually will, but judge's will do what they decide to do, there is no hard rule about it. The purpose of the SC is to encourage you to settle, so the judge is more likely to give such an opinion than at a CC.

You may ask. Seriously, put up your hand and ask politely, like you were in grade school.

Judge's at conferences usually do not read all of the submitted documents and there is no opportunity to challenge claims or cross examine. The opinion you get is from the synopsis you each provide, the conference brief. As such, the judge's opinion is not necessarily 100% accurate in terms of what would be decided at trial.
AD in your case though, considering the length and OCL involvement I wouldn't be surprised at all if the Conference judge does read most of the materials though.

Do ask. A judge will provide the opinion and if you are lucky and get one of the better judges you may get more opinion on the relevance to the arguments presented and what matters most to proceed.

Be prepared to have your ass served to you on a platter at times though. The judge will give you both feedback on how things may proceed.
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