Benton Supp. L. R. 6.012

As amended through January 17, 2024
Rule 6.012 - SETTLEMENT CONFERENCE PROCEDURES

The court, on its own motion or upon the request of any party, may set a settlement conference in any pending case. The following procedures shall apply to all settlement conferences:

(1) If one party requests a settlement conference, the settlement conference shall be held. Except in the case where the court orders a settlement conference, the settlement conference will not be required if the opposing party demonstrates good cause why the settlement conference should not be held.
(2) A party requesting a settlement conference shall certify that reasonable efforts to achieve settlement have been attempted by the parties and that they have been unable to resolve the controversy without the court's assistance.
(3) Each trial attorney and party or representative of a corporation or insurance company who has full authority to settle and compromise the litigation shall personally appear at the settlement conference. However, the assigned judge may permit appearances by remote means for good cause.
(4) Settlement conferences shall not be scheduled until all parties certify that discovery is complete, unless there is good cause shown to conduct a settlement conference with incomplete discovery. Each settlement conference shall be scheduled to allow adequate time for meaningful settlement discussions. Additional settlement conferences may be scheduled by the judge or by agreement of all attorneys and parties.
(5) The settlement conference shall not delay the trial or other scheduling without good cause.
(6) The assigned judge will not conduct the settlement conference unless all parties agree otherwise. No confidential information disclosed at the settlement conference will be revealed by the settlement conference judge or by any of the parties to the assigned judge.
(7) Not less than 24 hours prior to the settlement conference, each party shall submit to the settlement conference judge, via the judge's judicial assistant rather than the Electronic Filing System, a statement that contains, at minimum:
(a) A brief summary and analysis of the key issues involved in the litigation; and,
(b) The status of any settlement negotiation.
(8) The settlement conference statements shall be presumed confidential and shall not be placed in the court file, nor shall any notes prepared by the judge be filed or otherwise disclosed, except by permission of the attorneys or by court order.
(9) Except by order of the court, in non-criminal matters a settlement shall be placed on the record immediately following a settlement conference.

Benton Supp. L. R. 6.012

Amended effective 2/1/2024.