In the interested of efficiency, the Court strongly encourages the court to engage in a settlement conference with the assigned magistrate judge. To the extent the parties request a settlement conference with Judge Kness, the Court follows the following procedures:

The Court believes the parties should fully explore and consider settlement at the earliest opportunity, which may allow the parties to avoid the substantial cost, expenditure of time, and stress that often accompany the litigation process. Even for those cases that cannot be resolved through settlement, early consideration of settlement can allow the parties to better understand their dispute and streamline the issues to be litigated.

The instructions below must be followed in preparing for the settlement conference. Any party who wishes to vary any of these procedures must make an appropriate request to the Court before the settlement conference.

          1.       Pre-conference Demand and Offer Letter Exchange. At least 7 business days before the settlement conference, the plaintiff shall submit a written itemization of damages and settlement demand to the defendant, with a detailed explanation of why the demand is appropriate (and list the names or the clients and lawyers who will attend the conference). No later than 3 business days before the settlement conference, the defendant shall submit a written offer to the plaintiff, with a detailed explanation of why the offer is appropriate (and list the names of the clients and lawyers who will attend the conference). If settlement is not reached through this process, the defendant shall email copies of both side’s letters to Judge Kness’s chambers on the third business day before the conference (email to Proposed_Order_Kness@ilnd.uscourts.gov). Do not file copies of these letters with the Clerk or on the docket.

          2.       Attendance: Parties with full and complete settlement authority must personally attend the conference. This means that if a party is an individual, that individual must personally attend; if a party is a corporation or governmental entity, a representative of who is authorized to negotiate and who has full settlement authority must personally attend; if a party requires approval by an insurer to settle, then a representative of the insurer who is authorized to negotiate and who has full settlement authority must attend. Having a client with authority available by telephone is not an acceptable alternative, except under exceptional circumstances and with advance permission of the Court.

          3.       Conference Format. The Court generally will follow a “mediation” format: a joint session with the Court in which each side makes a brief opening presentation to the other side, followed by private meetings by the Court with each side. The Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind to reassess their previous positions and to discover creative means for resolving the dispute.

          4.       Statements Inadmissible. Any statements made by any party or attorney during the settlement conference will be inadmissible at trial. That rule should encourage parties and attorneys to be frank and open in their discussions. The Court expects the parties to address each other with courtesy and respect.

          5.       Issues to be Discussed. Parties should be prepared to discuss the following at the settlement conference:

a. What are your goals in the litigation and what problems would you like to address in the settlement conference? What do you understand are the opposing side’s goals?

b. Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception?

c. What are the points of factual and legal agreement and disagreement between the parties?

d. Does settlement or further litigation better enable you to accomplish your goals?

e. Are there possibilities for a creative resolution of the dispute?

f. Are there outstanding lien holders or third parties who should be invited to participate in the settlement conference?

Before the settlement conference, counsel shall provide a copy of these instructions to the client and shall discuss the points contained herein with the client.

          6.       Other Information. Parties and their counsel should appear in Judge Kness’s courtroom on the date and time set for the settlement conference. In anticipation of a settlement, the parties should review and be prepared to complete the attached Settlement Checklist/Term Sheet at the conclusion of the settlement conference. The parties should also review the “Settlement Dismissal Orders” link on Judge Kness’s website for information on how to draft proposed dismissal orders.