UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
) CASE NO. 5:00CV0000
)
Plaintiff, )
) JUDGE JOHN R. ADAMS
vs. )
)
) STANDING ORDER SCHEDULING
Defendant. ) SETTLEMENT CONFERENCE AND
) PREPARATION REQUIREMENTS
This case has been scheduled for a settlement conference before United States District
Judge John R. Adams on Tuesday, Month Day, 2004 at 1:30 p.m., in Room 526 U.S. Courthouse,
2 South Main Street, Akron. All parties (if a party is a corporation, a representative of the
corporation with knowledge of the facts and full settlement authority), a representative with full
settlement authority of any insurance carrier for a party, and lead counsel of record are hereby
ORDERED to appear.
I. SETTLEMENT CONFERENCE PREPARATION
Over 95% of all civil cases settle prior to trial. Therefore, settlement preparation should
be treated as seriously as trial preparation. Planning is essential because the party who is best prepared
generally obtains the best result. The Court has found that the following steps are essential to a successful
settlement conference.
A. FORMAT
1. PRESETTLEMENT CONFERENCE DEMAND AND OFFER
A settlement conference is more likely to be productive if, before the conference, the
parties have had a written exchange of their settlement proposals. Accordingly, at least fourteen (14)
calendar days prior to the settlement conference, Plaintiff’s counsel shall submit a written itemization of
damages and settlement demand to Defendant’s counsel, with a brief explanation of why such a demand
is appropriate. No later than seven (7) calendar days prior to the settlement conference, Defendant’s
counsel shall submit a written offer to Plaintiff’s counsel with a brief explanation of why such offer is
appropriate. On occasion, this process will lead directly to a settlement.
If settlement is achieved, counsel shall immediately notify the Court at 330-375-5900.
If settlement is not achieved, Plaintiff’s counsel shall deliver or fax copies of these letters
to Judge Adam’s chambers no later than 4:00 p.m. on 0/00/00. The parties may also take opportunity
of this deadline to fax to chambers a brief (1-2 page) letter setting forth any subsequent communications
between counsel, outstanding discovery issues or pending motions, or any other information (confidential
or otherwise) counsel think might be helpful in settling this case. The Court’s fax number is 330-375-5875.
Do not file copies of these letters in the Clerk’s Office.
2. ATTENDANCE OF PARTIES REQUIRED.
Lead counsel of record and parties with ultimate settlement authority must be
personally present.
A representative of an uninsured corporate party with knowledge of the facts and authority
to settle the matter up to the amount of the opposing parties’ existing settlement demand or offer must be
present.
An insured corporate party shall appear by (1) a representative of the corporation with
knowledge of the facts and (2) a representative of the insurer who is authorized to negotiate, and who has
authority to settle the matter up to the limits of the opposing parties’ existing settlement demand.
Having a client with authority available by telephone is not an acceptable alternative, except
under the most extenuating circumstances and only with the court’s leave at least seven (7) days prior to
the settlement conference. Because the Court generally sets aside at least two hours for each conference,
it is impossible 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.
3. MEDIATION FORMAT.
The Court will generally use a mediation format: opening presentations by each side
followed by a joint discussion and private caucusing 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 in order to re-assess their previous positions and to find creative means for
resolving the dispute.
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4. STATEMENTS INADMISSIBLE.
Statements made by any party during the settlement conference will not be admissible at
trial. Parties are encouraged to be frank and open in their discussions. The Court expects the parties to
address each other with courtesy and respect.
B. ISSUES TO BE DISCUSSED AT SETTLEMENT CONFERENCE
Parties should be prepared to discuss the following at the settlement conference:
1. What are your objectives in the litigation?
2. What issues (in and outside of this lawsuit) need to be resolved? What are the
strengths and weaknesses of your case?
3. Do you understand the opposing side’s 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?
6. What remedies are available through litigation or otherwise?
7. Are there possibilities for a creative resolution of the dispute?
8. Do you have adequate information to discuss settlement? If not, how will you
obtain sufficient information to make a meaningful settlement discussion possible?
9. Are there outstanding liens? Do we need to include a representative of the
lienholder?
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C. INVOLVEMENT OF CLIENTS
For many clients, this will be the first time they have participated in a court supervised
settlement conference. Therefore, counsel shall provide a copy of this Standing Order to the client and shall
discuss the points contained herein with the client prior to the settlement conference.
IT IS SO ORDERED.
John R. Adams
United States District Judge
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