Judicial Settlement Conference Program

In an effort to expand dispute resolution options for litigants, the judicial system developed a unique Judicial Settlement Conference Program for circuit court cases that combines aspects of facilitative mediation with judicial settlement techniques. Although settlement conferences have been available to circuit courts for many years, many courts had not utilized these due to insufficient time and resources.

The hybrid Judicial Settlement Conference Program began in November 2003 when the first group of retired circuit court judges were trained in mediation and settlement conference skills.

Trained settlement judges are available to all circuit courts to provide settlement conference services at no cost to the parties. Parties referred to settlement conference may select any judge from this list of trained settlement judges to handle their matter. Given statewide budgetary constraints, parties are asked to select a judge located within 100 miles of the settlement conference site when possible or to use phone or video conferencing.

While the retired judges conducting settlement conferences are compensated in the same fashion as when recalled, they have no trial authority with regard to a given case, but merely assist the parties in assessing their case and possibly reaching settlement. In addition, the retired judge maintains confidentiality with respect to the settlement conference proceedings and only reports to the referring court the terms of the agreement, if authorized by the parties, or the fact that no agreement was reached.

This program has opened new options for the circuit courts and litigants. Feedback from lawyers on exit surveys indicates that they appreciate the benefit of having an experienced judge with significant expertise facilitate the settlement of their case. Furthermore, they enjoy retaining more ability to control and craft a settlement, which is acceptable to them or, if not, proceed to trial. This has been an excellent process for reducing docket congestion while ensuring the prospects of a quality outcome. Finally, this program has offered retired judges an additional opportunity to stay active, to use the skills developed as a judge, and to develop new skills in facilitating settlements.

Forms Used by the Judicial Settlement Conference Program

What is a judicial settlement conference?

A judicial settlement conference is an informal process in which a retired circuit court judge, trained in mediation and settlement conference skills, actively facilitates a process whereby parties in conflict may reach a mutually satisfactory resolution.

How much does it cost to participate in the Judicial Settlement Conference Program?

Settlement conference services are available to all circuit courts at no cost to the parties.

Why have a Judicial Settlement Conference Program?

Settlement conference judges, who have a wealth of legal experience and subject matter expertise, can offer attorneys and their clients valuable case evaluations and neutral settlement assistance.

Settlement conference judges may provide an independent assessment of the risks of litigation.

The Judicial Settlement Conference Program facilitates the settlement of cases that would otherwise result in costly and lengthy trials.

When may a judicial settlement conference be useful?

Parties may be motivated to settle due to time constraints, expenses, or other factors.

Parties wish to have a neutral evaluation of their case in a private setting or wish to undergo a legal and factual “reality testing” by the settlement judge.

Parties differ substantially in their opinions on the value of the case and/or on the amount of damages that should be awarded.

What kinds of cases are appropriate for the Judicial Settlement Conference Program?

Settlement conference may be used for any civil case filed in court.

The program may be used with a variety of case categories, including but not limited to: tort/personal injury, commercial, domestic relations, etc.

Settlement conference may be most useful in cases where the parties have not completely explored settlement options and are unlikely to do so without the assistance of a neutral party.

What happens during a judicial settlement conference?

• Involvement of Litigants and Their Lawyers:  Lawyers and parties on all sides are encouraged to be active participants.  By their presence at the settlement conference, lawyers and parties are deemed to be making a good faith effort at resolving the case in controversy.
• Collaborative Session: The settlement conference judge may allow an opportunity for both parties to be heard and may use other conflict resolution techniques that are characteristic of mediation. There may be an initial session in which all parties are in the same room.  Often the parties segregate immediately after the initial session and do not directly interact. The settlement judge may elect to reconvene the parties later in the process.
• Urging Settlement: The settlement conference judge may use a variety of techniques to encourage and shape settlement, including suggesting settlement terms, providing settlement ranges, and directing the parties to appropriate grounds for settlement based on law or industry practice.
• Case Evaluation within the Separate Caucus: The settlement conference judge may meet privately with each side of the case and point out strengths, weaknesses, and potential problems that the party may not have considered regarding their case.  Everything said in a private caucus is confidential, except for what the party in the caucus room authorizes the settlement judge to communicate to a party in the other caucus room.
• Independent Perspective: The settlement conference judge may provide the parties with an independent perspective regarding the outcome of the case.

How much settlement authority do the judicial settlement conference judges have?

Settlement conference judges have no trial authority with regard to a given case, but merely assist the parties in assessing their case and possibly reaching settlement.

Is the Judicial Settlement Conference Program voluntary?

Once a judge refers parties to the program, the parties are required to attend the conference; however, they do not have to settle.  If the dispute is not resolved by the conference prior to the parties’ trial date, the parties shall appear in court at the appointed time.

Is the Judicial Settlement Conference Program confidential?

Yes.  Nothing said during the settlement conference, and nothing prepared for the settlement conference is deemed admissible evidence at trial, unless the statement or document is independently admissible. Furthermore, the settlement conference judge maintains confidentiality with respect to the settlement conference proceedings and only reports to the referring court the terms of the agreement, if authorized by the parties, or the fact that no agreement was reached.

Retired Circuit Court Judges trained in mediation and settlement conference skills. Parties referred to the Judicial Settlement Conference Program may select from this list of judges to handle their matter. Judges holding remote conferences have indicated their availability for phone or online meetings, or both.  For online meetings, contact the judge to discuss the software platform, who will “host,” etc. 

For in person conferences, given statewide budgetary constraints, parties are asked to select a judge located within 100 miles of the settlement conference site when possible.

Note: The judges' services are free to the referred parties.

Contact Information
Once you have selected a judicial conference program judge, please call the circuit court where your case was filed to obtain that judge's contact information.
 

Hon. William C. Andrews, III
Retired Judge, Eighth Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: No
In-Person Conferencing Yes

Hon. Michelle J. Atkins
Retired Judge, Fourth Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing Yes

Hon. Daniel R. Bouton
Retired Judge, Sixteenth Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: Yes
In-Person Conferencing Yes

Hon. H. Vincent Conway, Jr.
Retired Judge, Seventh Judicial Circuit
Video Conferencing: No
Phone Conferencing: Yes
In-Person Conferencing: Yes

Hon. Joel P. Crowe
Retired Judge, Third Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. Timothy S. Fisher
Retired Judge, Seventh Judicial Circuit
Video Conferencing:
Phone Conferencing:
In-Person Conferencing: Yes

Hon. Walter J. Ford
Retired Judge, Eighth Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: Yes
In-Person Conferencing: Yes

Hon. Phillip L. Hairston
Retired Judge, Thirteenth Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. Timothy J. Hauler
Retired Judge, Twelfth Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. James C. Hawks
Retired Judge, Third Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: Yes
In-Person Conferencing: Yes

Hon. Bruce H. Kushner
Retired Judge, First Judicial Circuit
Video Conferencing:
Phone Conferencing:
In-Person Conferencing:

Hon. Louis R. Lerner
Retired Judge, Eighth Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: Yes
In-Person Conferencing: Yes

Hon. Leslie L. Lilley
Retired Judge, Second Judicial Circuit
NOTE: Judicial Circuit 2 ONLY
Video Conferencing: No
Phone Conferencing: No 
In-Person Conferencing: Yes

Hon. William S. Moore, Jr.
Retired Judge, 3rd Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. John C. Morrison, Jr.
Retired Judge, Fourth Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. Robert G. O'Hara, Jr.
Retired Judge, Sixth Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. Paul M. Peatross, Jr.
Retired Judge, Sixteenth Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. Richard B. Potter
Retired Judge, Thirty-First Judicial Circuit
NOTE: Judicial Circuit 31 ONLY
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. Charles L. Ricketts, III
Retired Judge, Twenty-fifth Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: No
In-Person Conferencing: No

Hon. William R. Savage, III
Retired Judge, Fifth Judicial Circuit 
Video Conferencing: Yes
Phone Conferencing: Yes
In-Person Conferencing: Yes

Hon. W. Allan Sharrett
Retired Judge, Sixth Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. Dean W. Sword, Jr.
Retired Judge, Third Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: No
In-Person Conferencing: No

Hon. Harry T. Taliaferro, III
Retired Judge, Fifteenth Judicial Circuit
Video Conferencing: No
Phone Conferencing: Yes
In-Person Conferencing: No

Hon. William L. Wellons
Retired Judge, Tenth Judicial Circuit
Video Conferencing: No
Phone Conferencing: No
In-Person Conferencing: Yes

Hon. Thomas J. Wilson, IV
Retired Judge, Twenty-sixth Judicial Circuit
Video Conferencing: No
Phone Conferencing: Yes
In-Person Conferencing: Yes

Hon. Timothy S. Wright
Retired Judge, First Judicial Circuit
Video Conferencing: Yes
Phone Conferencing: No
In-Person Conferencing: No

1. Judge decides to order case to a judicial settlement conference approximately 30-days before trial.
2. All parties receive a list of settlement judges for the parties to choose from. Judges' travel limitations are described on this list. Given statewide budgetary constraints, parties are asked to select a judge located within 100 miles of the settlement conference site when possible.
3. After the parties agree on a settlement judge, they inform the referring circuit court judge's office of their selection.
4. The referring judge's office contacts the settlement judge and:
   1. Verifies whether the judge will accept the case.
   2. Provides the settlement judge with dates and times that space is available in the courthouse to conduct the settlement conference.
   3. Orders the case to Judicial Settlement Conference and designates the agreed upon judge.
      Note: Please see the Checklist for Court Personnel for more details.
5. If the parties cannot agree on a judge, the court chooses a settlement judge.
6. Once the settlement judge is designated and the case ordered to a judicial settlement conference, the referring circuit court:
   1. mails the settlement judge a Confirmation of Appointment with the parties' contact information as well as a copy of the Order of Designation and Referral to Settlement Conference; and
   2. mails a copy of the Order of Referral to counsel and a cover letter with any additional details that would be helpful.
      Note: Please show only "[Address is Confidential]" for the Settlement Judge on ALL correspondence, placing his actual mailing address only on the envelope.
7. The settlement judge and counsel coordinate arrangements for the date, time and location of the settlement conference. Counsel schedules a pre-settlement conference call with the settlement judge to ensure that parties with settlement authority attend the settlement conference. The settlement conference will usually be held in the courthouse.
   Note: Please see the Checklist for Lawyers for details regarding the pre-conference brief.
    
8. The settlement judge may mail a letter to counsel informing them that they must submit a pre-conference brief and confirming the date, time and location of the conference.
9. At the beginning of the conference, all parties, counsel and settlement judge should sign the Agreement Concerning Settlement Conference Process form, which addresses confidentiality.
10. At the conclusion of the settlement conference, the parties inform the referring circuit court in writing if the case settles and complete exit surveys.
11. The settlement judge submits a Settlement Conference Per Diem and Travel Expense Voucher for payment.
12. The Order of Designation and Referral to Settlement Conference must be attached to the Settlement Conference Per Diem and Travel Expense Voucher when it is submitted for payment.
13. The settlement judge submits a Settlement Conference Report Form to OES.
14. Parties/counsel send completed Exit Survey forms to Dispute Resolution Services.

See DRS’s Annual Overview and Statistics for the most current report