Legal Question in Civil Litigation in California

Re: What happens at a Mandatory Settlement Conference.

The judge cannot "make" a settlement; by definition, a settlement involves an agreement between the parties. The judge's job at an MSC is to help make this happen, and it sometimes works. Not always, but often enough to make the process worthwhile. If the parties do reach an agreement, the judge can have them recite it on the record in order to clarify what each side is agreeing to do.

Different judges handle MSCs in different ways. Most judges listen to the attorneys for all parties (or the parties themselves if they are in pro per) explain their positions about the merits of the case and about settlement. Sometimes it is clear very soon that the parties will not be able to reach an agreement, and the MSC ends quickly. Other times the MSC can drag on all day, though the judge typically sends the participants to another room to negotiate while he/she attends to other court business.

MSCs are usually held very shortly before the trial, because the parties should all know their cases reasonably well by then and because both sides have an incentive to avoid the cost and risk of going to trial. Some judges try to add additional pressure by lecturing all concerned about the weaknesses in their case and the risks of an unfavorable result, while others are more easygoing.

In short, it's hard to say exactly what you can expect in any specific MSC, but at least you now know a bit about the process. You don't have to agree to anything if you don't want to, but if you go in with a closed mind you will miss a valuable opportunity to resolve your case.

Re: What happens at a Mandatory Settlement Conference.

You do not have to settle unless you agree with the terms at the MSC. Generally, a good settlement is when both sides are unhappy! Some judges try to force settlements while others do not lean as hard. If you have any further questions, please call me at 714 363 0220 for free consultation.