Looking Beyond Law Firm Positions and Alternative Dispute Resolution – “ADR” PART I:MEDIATION Professor Gary G. Geuss ‘86 PART II: SETTLEMENT CONFERENCES Professor Reagan Boyce ’06 PART III:ARBITRATION Professor Roxanne Crocket ’03 PART IV: INCUBATORS & ALTERNATIVE CAREERS Prof. Laura Cohen; CSO Asst. Directors Katrina Denny & Andrea Ayvazian

Settlement Conferences Professor Reagan Boyce ’06 Ezra Brutzkus Gubner, LLP

THE SETTLEMENT CONFERENCE MANDATORY SETTLEMENT CONFERENCE [“MSC”] VOLUNTARY SETTLEMENT CONFERENCE [“VSC”] FEDERAL COURTS

MANDATORY SETTLEMENT CONFERENCE [“MSC”]

WHAT IS A MANDATORY SETTLEMENT CONFERENCE? FINAL ATTEMPT TO SETTLE BEFORE TRIAL CONDUCTED BY A JUDGE, NOT A MEDIATOR/ARBITRATOR FREE OPPORTUNITY TO RESOLVE DISPUTE SHORT OF TRIAL

WHO IS THE NEUTRAL? JUDGE, NOT A MEDIATOR OR ATTORNEY DIFFERENT JUDGE THAN TRIAL JUDGE CHANGES DUE TO BUDGET CUTS – SOME COURTS HAVE DISCONTINUED

MSC BRIEF IDENTIFY THE PARTIES AND COUNSEL FACTUAL BACKGROUND PROCEDURAL BACKGROUND LEGAL POSITION OF THE PARTIES APPLICABLE LAW PRIOR SETTLEMENT ATTEMPTS KEY EXHIBITS

PREPARATION FOR MSC KNOW THE FACTS OF YOUR CASE KNOW APPLICABLE LAW AND LEGAL ISSUES KNOW CLIENT’S POSITION KNOW OPPOSING PARTY’S POSITION BE PREPARED TO ARGUE STRENGTHS OF YOUR CASE/WEAKNESSES OF OPPOSING PARTY’S

PREPARATION FOR MSC KNOW WHAT YOUR CLIENT WANTS IN ORDER TO SETTLE IDENTIFY ANY KEY DOCUMENTS/EXHIBITS TO SUPPORT YOUR POSITION HAVE AUTHORITY TO SETTLE – KNOW WHAT TERMS ARE ACCEPTABLE TO THE CLIENT KNOW THE JUDGE’S EXPECTATIONS – INFORMED, READY TO PARTICIPATE, ABLE TO SETTLE

WHO MUST ATTEND TRIAL COUNSEL (OR KNOWLEDGEABLE COUNSEL IF TRIAL COUNSEL UNAVAILABLE) CLIENT OR CLIENT REPRESENTATIVE ANY OTHER PARTY WHO HAS SETTLEMENT AUTHORITY – CLAIMS ADJUSTER – INSURANCE COMPANY REPRESENTATIVE – CORPORATION OFFICER/DIRECTOR

VOLUNTARY SETTLEMENT CONFERENCE [“VSC”]

WHAT IS A VOLUNTARY SETTLEMENT CONFERENCE? EARLY ATTEMPT AT SETTLEMENT CONDUCTED BY A JUDGE, NOT A MEDIATOR/ARBITRATOR FREE OPPORTUNITY TO RESOLVE DISPUTE SHORT OF TRIAL

WHY EARLY SETTLEMENT ? OPPORTUNITY TO DISCOVER OPPOSING PARTY’S POSITION EDUCATE THE CLIENT OPPORTUNITY TO SAVE CLIENT MONEY

EARLY EVALUATION OF THE CASE LEARN THE STRENGTHS/WEAKNESSES OF THE CASE LEARN THE OTHER PARTY’S THEORY OF THE CASE

EDUCATE THE CLIENT OPPORTUNITY FOR CLIENT TO LEARN IF STRONG/WEAK POSITION SECOND “INFORMED” OPINION FOR YOUR CLIENT TO HEAR JUDGE CAN SOMETIMES USE “POWER OF THE ROBE” TO GET POINT ACROSS

SAVE THE CLIENT MONEY OPPORTUNITY TO SETTLE BEFORE EXPENDING MONEY ON DISCOVERY, ETC. AVOID EXPENSIVE LAW/MOTION DISPUTES SOME CASES ARE CLEAR CUT, JUST NEED OPPORTUNITY FOR PARTIES TO TALK

COUNTY WEBSITES CHECK FOR UPDATED INFORMATION RE: ADR PROGRAMS Current list is included in materials on GAP website

Federal Court ADR Programs

FEDERAL COURTS OFFER MEDIATION, SETTLEMENT CONFERENCES, EARLY NEUTRAL EVALUATION LOCAL RULES CONTROL THE PROCEDURES RELATED TO EACH DIFFERENCES BETWEEN DIFFERENT DISTRICTS AND BANKRUPTCY COURTS SOME COURTS HAVE SEPARATE “ADR RULE BOOK” THAT GOVERNS PROCEDURES LOCAL RULES, GENERAL ORDERS, JUDGE’S STANDING ORDERS, COURT MANUAL

MEDIATION IS OFTEN MANDATORY CENTRAL AND NORTHERN DISTRICTS REQUIRE EARLY MEDIATION – PRO BONO/PAID WIL BE ASSIGNED TO MEDIATION AS PART OF INITIAL CASE STATUS CONFERENCE BANKRUPTCY ALSO REQUIRES EARLY MEDIATION FOR ADVERSARY PROCEEDINGS

EARLY NEUTRAL EVALUATION SIMILAR TO VSC – PURPOSE IS TO EDUCATE THE PARTIES AS TO STRENGTHS/WEAKNESSES – NOT A FORMAL SETTLEMENT ATTEMPT – ENCOURAGES PARTIES TO SEEK SETTLEMENT AFTER EVALUATION

SETTLEMENT CONFERENCES SIMILAR TO MSC – OFTEN LATER IN THE CASE AFTER DISCOVERY COMPLETED – PRE-TRIAL LAST EVALUATION – MAGISTRATE JUDGES OFTEN CONDUCT

SAMPLE BRIEFS MSC BRIEF VSC BRIEF

WEBSITES LOS ANGELES COUNTY SUPERIOR COURT ORANGE COUNTY SUPERIOR COURT VENTURA COUNTY SUPERIOR COURT RIVERSIDE COUNTY SUPERIOR COURT SAN BERNARDINO COUNTY SUPERIOR COURT CENTRAL DISTRICT CALIFORNIA NORTHERN DISTRICT CALIFORNIA EASTERN DISTRICT CALIFORNIA SOUTHERN DISTRICT CALIFORNIA