WHAT IS SETTLEMENT WEEK?
SETTLEMENT WEEK FAQ'S
What is Settlement Week?
Settlement Week is a joint effort by
local trial court and a local bar association to settle pending
cases through mediation. At specific times in the year, the
court drastically reduces its docket of contested trials and
hearings, and schedules hundreds of cases for mediation conferences
with trained volunteers from the bar association.
What is mediation?
Mediation is a process of guided negotiations.
A neutral individual, called a mediator, works with the disputing
parties and their attorneys in a discussion of a pending case
in an effort to resolve it by mutual agreement. The mediator
has no authority to make a decision. The mediator serves as
a discussion leader to help the participants negotiate more
efficiently, and, hopefully, reach an agreement sooner than
they could on their own.
What kinds of cases go into
Settlement Week?
Any pending civil case is eligible for
Settlement Week. The most common cases in Settlement Week are
personal injury, workers compensation, business, malpractice,
employment, and product liability. A court generally does not
put foreclosure cases or administrative appeals in Settlement
Week.
How are cases selected for
Settlement Week?
Cases can be picked for Settlement Week
by any attorney appearing in the case, or by the court. Because
the attorneys are familiar with their clients' states of mind
and current settlement positions, they are in a good position
to choose cases that are appropriate and ripe for mediation.
Attorneys may nominate their cases without prior consultation
with opposing counsel. However, the court generally encourages
attorneys to try to select cases with the agreement of the other
side in order to foster better discovery and preparation for
mediation. The Settlement Week Coordinator then reviews the
nominations to make sure the cases are ready for mediation.
The Coordinator also schedules the cases and assigns the volunteers
to the mediations.
Who are the mediators in Settlement
Week?
The volunteer attorney mediators are
members of the local bar association who donate their professional
time as neutral mediators. Good mediators have good interpersonal
skills, are perceived as being neutral, diplomatic, patient,
and willing to employ new approaches in case resolution. The
court tries to match business attorneys with business cases
and personal injury attorneys to personal injury cases, so that
the mediators know the legal subject matter as well as mediation
skills. In general, routine or small cases are assigned to less
experienced mediators while bigger, more complex, or more difficult
cases are assigned to more experienced practitioners. As there
is no age limitation or minimum practice requirement, any attorney
may volunteer to be a mediator by submitting a form to the court.
How long do Settlement Week
Mediation conferences last?
One-hour mediation sessions are generally
scheduled, although larger cases may take longer. The mediators
are encouraged to keep talks going past the scheduled time if
progress is being made, and a substitute mediator handles the
next scheduled case.
Is there a Local Rule governing
Settlement Week?
Not necessarily. For instance in the
Franklin County Common Pleas Court, each Settlement Week is
controlled by a Standing Order issued by the court for that
particular event. The Standing Order sets out the requirements
for discovery, preparation, pre-conference statements, attendance,
participation, and other matters. A copy of the Franklin County
Common Pleas Court Standing Order is available on the web site
www.fccourts.org.
Is Settlement Week successful
in resolving cases?
Yes. Historically, the Franklin County
Common Pleas Court has settled between 42% and 50% of the cases
mediated in Settlement Week. Other counties in Ohio have had
settlement rates around 50%. Even the cases that do not settle
benefit from the candid discussions and the exchange of information.
Cases may be settled later through subsequent negotiations,
additional mediation, or referral to another alternative dispute
resolution process.
Does Settlement Week affect
the cost of litigation?
Yes. While there are no specific statistics
available, cases that settle earlier generally cost the parties
less in attorneys' fees and expenses for experts, depositions,
etc. and with less delay. While each party is responsible for
paying their attorney for representing them in mediation, there
is no extra charge or fee for the volunteer mediator's services.
How has Settlement Week developed?
Settlement Week began as it currently
exists in Columbus, Ohio in April 1986 through the efforts of
the Franklin County Common Pleas Court and the Columbus Bar
Association. Since then, it has spread to 16 counties in Ohio
and many other states including Indiana, Texas, Montana, Rhode
Island, Delaware, New Mexico, New York, and South Carolina,
as well as to various Federal Courts. It has also spread to
Australia, the Philippines, and Singapore.
Who should I contact for additional
information about setting up a Settlement Week in my jurisdiction?
In addition to mediating, Mr. Paddock
is the former Settlement Week Coordinator for the Franklin County
Common Pleas Court. You may reach Mr. Paddock, by e-mail at
harold@settlementweek.com,
