What is the difference between mediation and a settlement conference?
Attorneys often use these terms interchangeable; however, there is a difference. In mediation, the neutral focuses on having the parties reach a mutually created solution to the dispute. This is accomplished either by the neutral acting as a facilitator, employing negotiating skills, or by the neutral acting as an evaluator, assessing the value of the claim or the parties’ respective legal positions after initially beginning as a facilitator. In a settlement conference, the neutral’s objective is to hammer out the framework for a resolution based on information about the dispute gleaned from the parties in confidential sessions.
