Mandatory Settlement Conference in Court
Mandatory Settlement Conference (MSC) is the parties' last formal opportunity to settle their case before the trial. Of course, the parties are free to negotiate informally at any time before or even during trial, but MSC is the last mandatory change for the parties to convene and try to settle the case in person. Most of the California Superior Courts require the parties to attend this mandatory settlement conference about shortly before trial, due to the strong policy to attempt to free up the court docket and get as many cases settled as possible before the trial.
In many ways, a mandatory settlement conference is like private mediation. Each party talks to the judge assigned to handle the settlement conference, while the other party is waiting outside. The assigned judges tries to get the parties to agree on a settlement by pointing out the strength and the weaknesses of their case in order to convince them to move from their position close to where the opposing side is, as far as settlement terms go.
Like mediation, settlement conference is not a hearing, so there is no reason for you to be nervous. You will not be under oath, and you will not be testifying. Your attendance is only needed to clarify any actual issues and also make the decision whether to accept the other side's settlement offer or not, however high or low it might be. It will be more of a casual conversation with a judge about your case and about the potential for settling your case. The main differences between a mediation and a settlement conference is that the court settlement conference is free, conducted by the judge rather than a private mediator, and it takes place in court. Also, due to the limitations on courts' time and resources, the time allocated for court settlement conferences is up to about 3 hours, while a mediation usually lasts a full day or longer.
While a civil case can settle at any time, including right before or even during trial, a mandatory settlement conference is the last opportunity that the parties have to participate in, in person, to attempt to resolve their case, so it is worth taking it seriously and taking full advantage of it.
In many ways, a mandatory settlement conference is like private mediation. Each party talks to the judge assigned to handle the settlement conference, while the other party is waiting outside. The assigned judges tries to get the parties to agree on a settlement by pointing out the strength and the weaknesses of their case in order to convince them to move from their position close to where the opposing side is, as far as settlement terms go.
Like mediation, settlement conference is not a hearing, so there is no reason for you to be nervous. You will not be under oath, and you will not be testifying. Your attendance is only needed to clarify any actual issues and also make the decision whether to accept the other side's settlement offer or not, however high or low it might be. It will be more of a casual conversation with a judge about your case and about the potential for settling your case. The main differences between a mediation and a settlement conference is that the court settlement conference is free, conducted by the judge rather than a private mediator, and it takes place in court. Also, due to the limitations on courts' time and resources, the time allocated for court settlement conferences is up to about 3 hours, while a mediation usually lasts a full day or longer.
While a civil case can settle at any time, including right before or even during trial, a mandatory settlement conference is the last opportunity that the parties have to participate in, in person, to attempt to resolve their case, so it is worth taking it seriously and taking full advantage of it.