What Is a Pre-Trial Settlement Conference?
When you file a personal injury lawsuit, the process does not always lead directly to a dramatic trial. In fact, most cases are worked on outside of court via alternative methods and negotiations, resolved before ever going all the way to trial. One important step in this process is the pre-trial settlement conference. The pre-trial settlement conference is a meeting between the parties designed to help both sides see if they can come to a resolution without expending the stress and expense of a trial, not to mention the risk that it all does not go your way.
You can better set yourself up for success if you understand the process of a pre-trial conference and how you can maximize the opportunity to forward your case. This article is meant to help readers become more familiar with the pre-trial conference. For official advice and help navigating your own personal injury claim, contact an experienced personal injury attorney with Patel Law, PC.
What Is a Pre-Trial Settlement Conference?
A pre-trial settlement conference is a meeting between the parties in a lawsuit. This will typically mean the plaintiff (injured party bringing the lawsuit), the defendant (or the defendant’s insurance company), and the respective attorneys. The conference will have a judge or neutral mediator there as well to facilitate proceedings. The purpose of the meeting is to encourage discussion on what each side would need in order to settle the case outside of an official trial.
You should expect a pre-trial conference to be scheduled by the court once both sides have submitted their discovery documents. (This would be the submitted evidence including medical records, witness statements, etc.) After receiving and reviewing both their own discovery documents, and those of the other party, the parties are thought to be more knowledgeable about the strengths and weaknesses in their positions, making it the perfect time to settle, if settlement is attainable.
Steps of a Pre-Trial Settlement Conference
The exact procedure of a pre-trial conference or pre-trial settlement conference will vary by court and jurisdiction, but the general structure is as follows:
- Opening remarks: The third-party mediator will explain/ restate the purpose of the settlement conference and set ground rules.
- Presentations: Attorneys from both sides of the dispute will summarize their case, including going over evidence submitted in discovery, what damages have been established, and how they are feeling about settlement. This might include whether they are fully prepared to settle or fully intend to go to trial, and/or what they are looking to receive or to pay out in order to be happy with a settlement.
- Private discussions: Often, the parties will be separated into different rooms and the mediator (or judge) might go back and forth between them to discuss the offers and counteroffers, and discuss potential compromises.
- Negotiations: These discussions will hopefully develop into an exchange and negotiation of settlement terms via the neutral facilitator.
- Agreement or…not: If the parties come to a mutually agreeable settlement, the terms will be put into writing. The case will not proceed towards trial; the settlement IS the resolution. So, it is wise to ensure that it is everything that you need it to be before the case is closed. If the parties cannot come to a mutually agreeable resolution, then the case will proceed toward a trial. An experienced attorney can help you ensure that you protect your best interests
Contact Patel Law, PC
For help ahead of your own pre-trial conference or for any of your personal injury suit needs – contact the experienced Springfield personal injury attorneys at Patel Law, PC.
Sources
blog.cvn.com/berkshire-hathaway-hit-with-145m-workers-comp-bad-faith-verdict-beating-750k-pre-trial-settlement-offer
blufftonicon.com/news/2025/03/22/gerber-vs-onu-ends-pre-trial-settlement
