District of South Dakota
IN BRIEF
Process summary
Magistrate judge settlement conferences.
The District of South Dakota is experimenting with a magistrate judge settlement program for complex cases. The district judges select appropriate cases and refer them, with consent of the parties, to a magistrate judge for settlement discussions. The referral may take place at any stage of the litigation that seems timely, and the parties are notified either by mailed written order or in person. Other case events are not stayed during the settlement process.
After receiving a referral, the magistrate judge meets with the parties in joint and individual sessions in an effort to help each side more fully understand the other side's case. In some cases, the magistrate judge may request confidential statements from the parties before the settlement conference. In most cases, representatives with full settlement authority must attend the settlement conference, although exceptions are made for people who must travel long distances and who can be available by telephone. Sanctions are imposed for failure to meet attendance requirements.
Settlement conferences usually last about a half day, but the magistrate judge will schedule longer or additional sessions as necessary. The sessions are confidential. No information is disclosed to the district judge unless the parties so request. Between January and October 1994, magistrate judge settlement conferences were held in twenty complex cases.
Judicial settlement conferences and minitrials.
One judge encourages settlement conferences in all civil cases, and other judges use settlement conferences when requested by the parties. If a settlement conference is unsuccessful, the judges may recommend an abbreviated trial on liability, punitive damages, or other discrete issues. This process, called a minitrial by the court, entails an actual trial before a district or magistrate judge. Although the abbreviated trial process has been offered to several parties, it has not been used to date.
For more information
Marshall P. Young, U.S. Magistrate Judge, 605-343-6335
Excerpted from
ADR and Settlement in the Federal District Courts: A Sourcebook for Judges & Lawyers, 1996,
a publication of the Federal Judicial Center and CPR Institute for Dispute Resolution