Legal Question in Civil Litigation in California
As a plaintiff "in pro per", what specifics do I need to
bring to a mandatory settlement conference in judges chambers?
2 Answers from Attorneys
Prior to the conference make sure you follow the California Court Rues. You are required to do the following:
No later than five court days (make sure local rules dont change rhis) before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement containing:
(1)A good faith settlement demand;
(2)An itemization of economic and noneconomic damages by each plaintiff;
(3)A good faith offer of settlement by each defendant; and
(4)A statement identifying and discussing in detail all facts and law pertinent to the issues of liability and damages involved in the case as to that party.
The settlement conference statement must comply with any additional requirement imposed by local rule.
You need to be completely familiar with the statement and be prepared to negotiate in good faith.. Be serious about resolution. Don't be emotional or get offtrack....
You should have your opponent's statement, understand it anf find common ground...
Bring evidence that would convince the settlement officer of the other party's liability and the extent of your damages, especially if there is one piece of evidence that is overwhelming. After that, it'll be all about numbers. You're not forced to take anything offered. However, if it's shortly before trial, you might want to seriously consider the settlement officer's opinion about your chances of prevailing and use it to make an informed decision about settling at that time rather than taking your chances at trial.
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What happens at a mandatory settlement conference in judges chambers? Asked 12/30/12, 12:26 am in United States California General Civil Litigation