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Civil Litigation -
Mandatory Settlement Conference / Mediation

Northern California Civil Litigation Information

There is a strong public policy in favor or settling legal disputes out of court. Most cases (probably over 90%) settle without going to trial. To further the public policy in this regard, courts usually require the parties to participate in settlement discussions which are conducted at a "Mandatory Settlement Conference," usually scheduled 15 to 45 days before trial. Most local rules require the parties and their attorneys to attend the Mandatory Settlement Conference. If you are being defended by your insurance company and you face no personal exposure, then you will not have to attend. Instead, a representative from your insurance company will appear with your attorney to try and settle the case. If you do face a personal exposure because no insurance policy provides coverage or your policy may not completely cover your liability, then you will need to attend.

Keep in mind that settlement can take place at any time so long as the parties are willing to negotiate a mutually acceptable agreement. A settlement does not have to take place at a mediation or settlement conference. Cases can settle before a lawsuit is filed and even after a trial has taken place.

If you settle a lawsuit or a dispute which has not evolved into a formal lawsuit, you should consult with an attorney to make sure the settlement agreement achieves what you want and to avoid any surprises later.

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