Litigation

Cal. Litig. VOLUME 38, ISSUE 1, MAY 2025

SETTLEMENT CONFERENCES V. MEDIATIONS: A DISTINCTION WITHOUT A PURPOSE?

Written by John Derrick

Question: When is an organized effort by a neutral person to settle a case — with parties and lawyers present — not a mediation?

Answer: When it is a settlement conference.

Many lawyers do not focus on the difference. And, in most cases, it ends up not mattering. But there is a key distinction: Settlement conferences — or mandatory settlement conferences (MSCs) — have less robust confidentiality protection than mediations.

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