A. Settlement Position Statements

After a telephonic preliminary settlement discussion, the court will issue a scheduling order requiring the parties to exchange their settlement position statements, including a demand and an offer. Plaintiff must submit a statement to Defendant describing the nature of the action, the theory of liability, itemization of damages, and Plaintiff’s settlement demand, including an explanation for the demand. Defendant must submit a statement to Plaintiff describing the theory of defense and Defendant’s settlement offer, including an explanation for the offer. When submitting the position statements, each party is required to simultaneously copy the court by e-mail (settlement_statement_kim@ilnd.uscourts.gov).  If the position statement includes exhibits, the court prefers that the parties email the court a single PDF document with bookmarks for the exhibits.  The parties should invest sufficient time and effort when preparing their statements because the court finds that well-prepared and detailed settlement position statements are critical to having productive settlement discussions. These statements are not to be filed with the Clerk’s Office, will not be made part of the court’s record, and will not be admissible as evidence.

B. Persons Required to Attend

Individuals with settlement authority on behalf of the parties must personally attend the conference.  The court does not consider attorneys of record to be individuals with the authority to settle.  An insured party shall appear by a representative of the insurer who is authorized to negotiate and settle the case.  An uninsured corporate party shall appear by a representative authorized to negotiate and settle the case.  Having a client or representative with authority available by telephone is not acceptable form of appearance at the conference unless the court grants prior leave.  Because the court typically sets aside four hours for each conference, it is not possible for a party who is not present to appreciate the process and the reasons which may justify a change in one’s perspective towards settlement.  Failure to comply with this provision without good cause will result in an order requiring the party in violation to reimburse the opposing party’s attorney fees and costs related to appearing for the settlement conference.

C. Conference Format

The court will first hold a joint session with opening presentations by the court and by each party.  This joint session will then be followed by each party having a private caucus with the court.  The court expects both the attorneys and the party representatives to be fully prepared to participate openly during these discussions.  Statements made by any party during the conference are not to be used in discovery and will not be admissible at trial.

If the parties are successful in reaching an agreement, they will be required to detail the terms of the agreement on the record in court at the conclusion of the conference so that the terms detailed are binding on the parties.  If the parties require the terms of the agreement to be kept confidential, the court will seal the proceeding so that only the attorneys of record will have access to the transcript of the proceeding.