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Requesting another Settlement Conference without consent

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  • Requesting another Settlement Conference without consent

    Does anyone know how a judge would usually deal with an additional settlement conference request by one party with refusal to consent by the other party.

    I have requested of the other party's lawyer a 2nd settlement conference with some dates before we have a trial management conference and the lawyer says they will not consent.

    I see nothing in the conference document that indicates I need to have the other party's consent. I am trying to encourage settlement offers from both parties and for those to be presented before a judge for opinion and hopefully a nudge towards further settlements.

  • #2
    I have requested of the other party's lawyer a 2nd settlement conference with some dates before we have a trial management conference and the lawyer says they will not consent.
    The matter could proceed to a trial management conference, at which time the parties are preparing for trial while considering settlement.

    If the other side does not want a settlement conference, the conference is unlikely to be productive. You could seek to compel them with a motion, however they may respond and seek costs.

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    • #3
      Thank you for your response.

      We do in fact have a trial management conference and trial date already set. There has been no interest from the other side recently to even talk and negotiate and last time we had a settlement conference it ended up productive as the judge encouraged both parties to go out and try and settle some items which we did. What are you suggesting I would bring a motion forth for? Even if the settlement conference is unproductive in getting negotiations going, once again I will have a proper offer of settlement and once again they will likely provide an offer that really offers nothing at all and at least that will be available for consideration after trial verdict as to who offered what and what was reasonable.

      Comment

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