The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge
ORDER RE: INFORMAL SETTLEMENT DISCUSSIONS
This case will not be referred for formal mediation. However, given the nature of the claims the Court has permitted to proceed, the Court finds that the parties will benefit from informal discussions in an effort to settle this case. The Court encourages the parties to engage in such discussions. For this reason, a courtesy copy of this order and the complaint shall be provided to defendants' counsel by the Clerk of the Court.
Frequently Asked Questions What is the purpose of informal settlement discussions for inmate Section 1983 cases? The goal of informal settlement discussions in inmate Section 1983 cases is to allow the parties an to work together to reach a reasonable resolution to their case before the parties begin Do the parties need to report to the judge what happened in settlement discussions?
No. Settlement discussions are confidential and neither party should report to the District Judge or the Magistrate Judge assigned to your case the results of settlement discussions. The parties shall not send offers and counter-offers to the court. The only information the court will receive is whether the case
What happens if the parties reach a settlement?
If the parties settle the case, the deputy attorney general will prepare a written settlement agreement for the parties to sign. Once the parties review and sign the settlement agreement, a stipulation is submitted to the court to end the case.
What happens if the parties don't settle the case?
If the case does not settle, there is no negative consequence to the parties. Settlement discussions provide an opportunity for the parties to meet and discuss how they might resolve the case. If there is no settlement, the case will proceed.
Why do parties in litigation attempt settlement, as opposed to a trial on the merits?
Settlement is informal and the parties have an opportunity to be heard and to hear the opposing party's point of view, since parties typically don't speak to one another except through attorneys and legal filings. Settlement also allows the parties who have ongoing relationships to preserve it by having a discussion rather than engaging in an adversarial proceeding.
Settlement also offers the parties more flexibility to resolve their dispute. The parties can explore a of ways to resolve the case, and ...