Questions and Answers About the New Program

This is a new program that offers litigants an opportunity to participate in a voluntary settlement conference at an offsite location on those days when the Court is closed as a result of California’s current fiscal crisis. The program was developed by the Court in conjunction with the Orange County Bar Association, Orange County Trial Lawyers Association and the Orange County Chapter of the American Board of Trial Advocates. Judicial officers are volunteering their time on the days when the Court is closed to conduct the conferences, and various law firms are providing facilities for the conferences at no cost. Participants will be responsible for any transportation and parking costs.

All parties, including anyone who needs to be present in order to settle a case, come together before the settlement officer (in this program the settlement officer will be a Superior Court Judicial Officer). Instead of hearing all the evidence and then deciding the case, the judicial officer will work with the parties to assist them in reaching a negotiated settlement. If the conference is successful, a settlement agreement will be prepared and signed by the parties.

If you are in the courtroom with the other parties (e.g., at a case management conference), you can ask the judicial officer about participating in the program. If all parties agree, the clerk can schedule the conference, selecting a suitable offsite facility and date. The clerk will need to know the number of people that will be at the settlement conference in order to select a suitable facility. If your assigned judicial officer is not available for the conference, the clerk can still schedule the conference with a judicial officer that is available. The parties will then need to complete and file a Stipulation for Offsite Voluntary Settlement Conference. The stipulation needs to be signed by Counsel for each party.

As long as all parties are in agreement about participating, you can call the clerk in the courtroom where your case is assigned and request an offsite voluntary settlement conference. The clerk will schedule the conference on an available date and let you know the name of the judge and the facility. The parties will then need to complete and file the Stipulation for Offsite Voluntary Settlement Conference.

If you are in the courtroom, the clerk can print the form for you. It can also be found here.