Parties should be prepared to discuss the following at the settlement conference:
1. What are your goals in the litigation and what problems would you like to address in the settlement conference?
2. What are the strengths and weaknesses of your case?
3. Do you understand the opposing side’s goals and view of the case? What is wrong with their perception? What is right with their perception?
4. What are the points of agreement and disagreement between the parties? Factual? Legal?
5. What are the impediments to settlement? Financial? Emotional? Legal?
6. What remedies are available through litigation or otherwise?
7. Are there possibilities for a creative resolution of the dispute?
8. If the case does not settle, what are the possible legal and practical consequences for all concerned?
9. Are there outstanding liens? Do we need a representative of the lienholder at the settlement conference? If Medicare has paid any of the plaintiff’s medical expenses, does the plaintiff have a conditional payment letter from Medicare identifying the amounts Medicare has paid for which it will seek reimbursement?