Rule 604.Court Ordered Judicial Settlement Conference

Rule 604 is the newest rule in Part VI, adopted in 2023.

What it is

A voluntary process in which a judge facilitates communication between the parties and assists their negotiations. The nature, extent, and results are within the sole control of the parties. A judge does the facilitating, but nothing is imposed.

Getting one

Once an action commences and after both parties have voluntarily agreed, the court may order a settlement conference on its own initiative, by motion, or by stipulation. Agreement is a precondition to the order, and the presiding judge may deny a request even if the parties stipulate. Nobody can be made to attend, and nobody is entitled to one.

Who attends

Once the parties agree and the court orders, all parties and counsel must participate fully, reasonably, and in good faith. Lead counsel, the parties, and persons with full authority to settle must attend.

The judge may authorize a mental health professional (minimum of a master's in social work or professional counseling, currently licensed), an attorney mediator on the Supreme Court's official list, or the family court service manager — and other necessary participants.

A different judge

The settlement judge reports to the presiding judge, by written notice or on the record, only whether a settlement was achieved. None of the matters or information discussed will be communicated to the presiding judge unless all parties stipulate.

The presiding judge — and the waiver

The presiding judge may run the conference only if the parties agree, and the terms are set out squarely. That judge may have substantive discussions about the case. If it goes to trial, only the evidence admitted at trial is considered. Any offer made will be given no weight, and neither party may testify or produce evidence about any offer.

A signed waiver in the Supreme Court's form must be filed before the conference starts, in which the parties agree to four things: waive any conflict and accept that the presiding judge will still preside over the case and the trial; allow that judge to meet with one party outside the other's presence, discuss probable evidence, weigh strengths and weaknesses, and discuss the law, likely outcomes and appropriate settlement; disregard any statement or evaluation as a commitment about how the judge will rule; and understand that any information other than a settlement offer may be used for any purpose, including as evidence at trial.

That last term is the one to read twice. Only offers are walled off. A factual admission made in the conference is not.

Finishing

Full or partial resolutions must be placed on the record as soon as reasonably possible, with both parties swearing to the contents under oath, and then reduced to a judgment for the court's approval.