Who is the settlement conference more beneficial to? The defendant or plaintiff?

Asked about 2 years ago - Los Angeles, CA

If the option to ask for one at the CMC was available, should the defendant opt in to attend a settlement conference? Seeing how it may be beneficial for a final effort to settle outside of court?

Attorney answers (3)

  1. Richard Michael Laden

    Contributor Level 13

    Answered . The whole concept of a settlement conference is to have a neutral party stand between the sides of the case in an effort to bring them together to achieve a settlement. Frankly, most of the time, settlement is a good thing. It puts and end to the case with a specific outcome. Usually, each side gives up some part of its position, i.e. compromises, in order to avoid the uncertainty of a trial where, no matter how great your crystal ball is, you still can't predict the outcome with any guaranty. Settlement also stops the bleeding of litigation costs, expenses and attorney fees.

    If you are unrepresented and the other side is not, however, you are likely going to be at a substantial disadvantage in being able to present your side of the case in settlement conference in such a way that the neutral can really twist the other side's arm to come to the table for a reasonable settlement.

    If you are unrepresented, you are much better off with, and should seriously consider hiring, legal counsel than without.

    The information given is generic and does not constitute legal advice, which would only be given after a... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . Neither.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Robert A. Stumpf

    Contributor Level 19

    Answered . I can't imagine there is a blanket answer to your question. It would obviously be case specific.

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