What is a Mandatory Settlement Conference?

A mandatory settlement conference is a conference that's held between either the court judge or an appointed pro-tem judge and the representatives of the persons in the lawsuit. A mandatory settlement conference is conducted like a miniature confidential hearing. Both parties will submit briefs that outline for the judge what the case is about, and what the contentions are.

At the conference the judge will typically sit down with both parties jointly at the beginning, discussing the overall implications of the case. Then the judge will often separate the parties into caucuses and in each of those caucuses, discuss the case and the merits of the case individually with each side. With any case involving a personal injury, the subject of how much is to be paid to the plaintiff will be discussed.

The plaintiff will make a demand, the defendant will make an offer and they will continue to go back and forth until either they reach a compromise or they reach an impasse.

In the event they reach an impasse, the judge may order that the parties come back for a second conference or may order the matter to trial. If they reach a settlement, generally the settlement is put on to the record immediately that the parties have reached an amicable resolution, and payments are received thereafter.

A mandatory settlement conference should not be taken lightly by any party in litigation. It is an opportunity to settle the case without trial. A competent Orange County or Los Angeles County accident attorney will be well prepared for the mandatory settlement conference and will use this as an opportunity to settle any case without the necessity of an expensive trial. If you need legal representation for an accident or injury call us at 866-981-5596.


James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie and has been practicing personal injury law for 25 years.