Settlement facilitation is an opportunity to achieve a voluntary resolution of the dispute.
The parties meet with a neutral facilitator(s), together with their counsel or as self-represented litigants. During the conference, each party's position and interest are heard, the nature of the case is discussed, and possible solutions are considered. Settlement facilitation is confidential.
Settlement facilitation is available for civil and family cases. Facilitators include retired and sitting judges, attorneys, counselors, accountants, and other qualified professionals. A fee is generally charged by the facilitators.
Settlement facilitation is generally a single half day or full day session. The facilitator(s) focus on the legal issues before the court, evaluate the case, and address more narrow issues. In a private session with each side, a settlement facilitator may address the strengths and weaknesses of that party's position.
Mediation or Settlement Facilitation?
Both programs are similar: A neutral meets with the parties, legal advice is not given, the process is confidential, and the parties determine their own resolution.
Settlement facilitation is generally is single session, where the facilitator(s) focuses on the legal issues before the court, evaluates the case, and addresses more narrow issues.
Mediation is generally a more comprehensive process, where the mediator(s) focuses on problem solving by the parties of the issues presented in the court case as well as any underlying or related issues.