A settlement conference is a meeting between the parties, their attorneys, and a judge or court-appointed mediator for the purpose of negotiating a resolution of the case without trial. Most personal injury cases in New York go through at least one settlement conference, and many cases settle during or shortly after these conferences. Understanding what happens at a settlement conference, how to prepare for it, and what role you play as the injured party helps you participate in the process with realistic expectations.
How settlement conferences work in New York courts
In New York Supreme Court, where most personal injury lawsuits are litigated, settlement conferences are typically scheduled by the court as part of the pre-trial process. The judge assigned to the case — or a different judge assigned specifically for settlement purposes — meets with both sides, reviews the key facts and legal issues, and provides an assessment of the case’s strengths and weaknesses from a neutral perspective.
The judge may meet with both sides together or conduct separate, private sessions with each side (sometimes called “caucuses”). In the private sessions, the judge can be more candid about the weaknesses in each side’s position and can help the parties narrow the gap between the plaintiff’s demand and the defendant’s offer.
Your role at the settlement conference
As the injured party, you may be asked to attend the settlement conference in person. Your presence serves several purposes: it allows the judge to assess you as a potential witness, it gives the defense an opportunity to evaluate how you will present to a jury, and it allows you to participate in the decision about whether to accept a settlement offer.
You will not testify at a settlement conference. You will not be cross-examined. The attorneys do most of the talking. But your presence communicates that you are a real person with real injuries who is prepared to see the case through to trial if the offer is not adequate.
What to wear and how to conduct yourself
Dress as you would for court — business casual at a minimum. A collared shirt or blouse, dress pants or a skirt, and clean, professional shoes. You do not need a suit unless your attorney advises otherwise, but your appearance matters. The judge and the defense attorney are evaluating you. Present yourself as someone a jury would find credible and sympathetic.
Be on time. Be polite to everyone you encounter, including the defense attorney and the insurance representative. Do not discuss the merits of the case in the hallway or the elevator. Do not post about the conference on social media. Follow your attorney’s guidance on when to speak and when to listen.
Should you accept a settlement at the conference?
You are never required to settle at a conference. If the offer is inadequate, you decline it and the case proceeds toward trial. Your attorney should advise you on whether the offer reflects the full value of the case based on the damages calculation, the strength of the liability evidence, and the risks of trial. A settlement conference is an opportunity, not an ultimatum.
If the offer is close to the full value and the risks of trial are significant — contested liability, a sympathetic defendant, a jurisdiction with historically conservative jury awards — settling may be the right choice. If the offer is substantially below the calculated value and the evidence is strong, declining and proceeding to trial may produce a better result.
How Schwartzapfel Holbrook prepares clients for settlement conferences
At Schwartzapfel Holbrook, we prepare every client for the settlement conference by reviewing the current demand, the defense’s last offer, the damages calculation, and the likely range of outcomes at trial. We advise on whether the offer on the table reflects the full value of the case and what the risks of proceeding to trial are. The decision to settle is always the client’s. Our job is to ensure the client makes that decision with complete information.
Schwartzapfel Holbrook / Fighting For You