A Hawaii Settlement Conference Order is a document issued by the Hawaii court system to facilitate settlement negotiations between parties in a civil dispute. This order is typically issued in cases where parties are unable to reach an agreement through pre-trial negotiations, and is designed to provide a neutral forum for the parties to settle their differences without going to trial. There are three types of Hawaii Settlement Conference Order: Mandatory Settlement Conference Order, Voluntary Settlement Conference Order, and Pre-Trial Conference Order. A Mandatory Settlement Conference Order is issued when a court determines that the parties must attend a settlement conference to attempt to resolve their dispute. The conference is presided over by a court-appointed arbitration panel consisting of three to five members who are experienced in dispute resolution. The panel will facilitate negotiations between the parties and may issue a binding recommendation for a settlement if an agreement can be reached. A Voluntary Settlement Conference Order is generally issued when the parties have already submitted an offer of settlement and the court determines that a settlement conference would be beneficial. This type of order is also presided over by an arbitration panel, but the panel does not have the authority to issue binding recommendations. Lastly, a Pre-Trial Conference Order is issued when the court deems that a settlement conference is necessary to resolve issues prior to trial. The panel members will work to identify areas of agreement and disagreement between the parties, and may issue a binding recommendation for a settlement if an agreement is reached.
Hawaii Settlement Conference Order
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FAQ
Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the court for good cause. If any consent to settle is required for any reason, the party with that consensual authority must be personally present at the conference.
The disadvantage is that the parties do not get to choose their judge pro tem, and there is a strong possibility that their case could get assigned to an ineffective judge pro tem. In private mediation, the advantages and disadvantages are reversed.
The Mandatory Settlement Conference At the MSC, both parties and their attorneys will meet with the settlement judge to try to come to a resolution of all contested issues. The settlement judge does not have the authority to make any rulings. They are there to facilitate the meeting and work toward resolution.
A settlement conference is an opportunity for the parties in a case to discuss issues and make their own decisions as to how to resolve these issues, while meeting with a judge who will not preside over the trial in their case if a trial is still required.
If a proposed judgment, decree, or order is consistent with the verdict of the jury or the decision of the court, the court shall cause the judgment, decree, or order to be entered forthwith.
8 Tips for Winning in a Settlement Conference Know the Other Party. Take a moment to put yourself in the other party's shoes.Avoid Letting Emotions Take Control.Consider the Timing.Have a Clear Objective.Be Prepared.Avoid Bidding Against Yourself.Allow Plenty of Time.Write Clear Terms of Settlement.
How do I prepare for the settlement conference? A good faith settlement demand and offer must be exchanged in advance of the settlement conference. Counsel appearing on behalf of their clients must be completely familiar with the case and possess complete authority to negotiate and settle.