The Honorable TaTeasha Davis is a Superior Court Judge in Pierce County. Judge Davis’s legal career has spanned more than two decades and includes a rich diversity of both criminal and civil law practice and administration. She graduated from the Washburn School of Law in Topeka Kansas, beginning her practice as a Financial Law Attorney on complex financial litigation and consumer protection issues. Judge Davis next worked as a Staff Attorney for the Tacoma YWCA, providing legal services advocacy for domestic violence survivors. Her development in public service continued through her appointment to the Indeterminate Sentence Review Board for the State of Washington. She was appointed to the Pierce County Superior Court bench in 2022.
Settlement Conferences: An Overlooked Litigation Tool
I see it all the time: attorneys eagerly awaiting their client’s day in court. You have experts lined up, polished demonstrative exhibits prepared to wow the jury, and an opening statement that’s sure to knock the judge’s socks off. That is excellent work. You have done exactly what you should do to be prepared for trial, but before you dust off your lucky trial shoes, have you considered what I believe to be the most overlooked litigation tool in a trial attorney’s arsenal- the settlement conference?
The settlement conference is a form of alternative dispute resolution in which parties to a lawsuit meet with a judicial officer or neutral third party to negotiate resolution before trial. In Washington, settlement conferences are generally mandatory unless otherwise ordered by the court. Typically, these conferences are utilized in civil matters ranging from domestic relations disputes to tort actions. Several counties in Washington offer low or no-cost settlement conferences with judicial officers before trial.
Regardless of the type of civil matter, settlement conferences can be an effective tool for several reasons.
Lower Litigation Costs
When evaluating the merits of a case, every attorney does a cost versus benefit analysis to determine whether sufficient time and resources exist to properly litigate the matter. Settlement conferences provide an opportunity to significantly reduce both. Civil litigation can take on a life of its own. The span of which could easily grow from nine months to two years depending on the complexity of the issues and the parties involved. Settlement conferences offer the possibility of shortening that timeline through early resolution. Additionally, settlement can reduce the substantial costs associated with expert testimony. While expert reports may be available during settlement negotiations, parties can often avoid the expenses necessary for live expert testimony at trial such as hourly fees, flight, and hotel costs.
Judicial Insight Without Formal Rulings
Perhaps the greatest value of a settlement conference is the realistic perspective it can provide regarding the strengths and weaknesses of your trial demands. When I was an attorney, there were times I wish I had a crystal ball- something that would answer questions like: What will the judge think about this argument? or, Will these facts carry the weight I think they should? No matter how prepared you are, trial outcomes are a crapshoot. You cannot know with complete certainty how a judge or a jury will evaluate your evidence or arguments.
Settlement conferences provide the perfect opportunity to evaluate the strength of your arguments and evidence before trial. For example, in several Washington counties, litigants involved in domestic relations matters may opt for a free settlement conference with a judicial officer. Participants are encouraged to submit documentation intended for trial and a settlement letter containing an overview of the case. As you walk through your client’s position with the judicial officer, strengths and weaknesses become apparent. Many judicial officers will provide feedback on evidentiary issues or litigation risks, affording you the opportunity to refine your trial strategy before substantial resources are invested.
Trial Preparation
In a perfect world, discovery would progress smoothly as outlined in Civil Rules 26 through 37, counsel would communicate consistently throughout litigation, and settlement conferences would be held no later than 30 days before trial. Realistically, that is not always the case. Discovery disputes arise. Emails go unanswered. Trial dates approach faster than anticipated, and trial preparation time begins to disappear. When this happens settlement conferences can serve another important purpose: trial preparation. The evidence and arguments you intend to present at settlement conference can be the same you use at trial. The ability to utilize the settlement space to streamline evidence and evaluate how persuasive arguments may be before entering the courtroom is invaluable. Equally important, settlement conferences provide an opportunity to observe opposing counsel’s trial strategy and adjust accordingly. Whether resolution is achieved or not, when approached strategically, settlement conferences can sharpen trial preparation and better position both attorney and client for the road ahead.
Additional Benefits of Settlement Conferences
Confidential Discussions
Communications made during settlement negotiations are generally confidential and cannot later be introduced at trial. This allows parties to speak candidly about strengths, weaknesses, and potential resolutions without concern that those discussions will later be used against them in court.
Greater Control Over the Outcome
As I mentioned before, trial outcomes are a crapshoot. Settlement allows parties to play an active role in crafting a resolution they can live with rather than leaving the final decision entirely in the hands of a judge or jury.
Reduced Conflict and Stress
Trial can be emotionally draining for both attorneys and clients. Settlement conferences provide an opportunity to resolve disputes in a less adversarial environment, often reducing the stress and emotional toll associated with prolonged litigation.
Encourages Collaboration and Good-Faith Negotiation
Effective settlement conferences require preparation and communication. Attorneys should have candid discussions with their clients beforehand regarding settlement goals, acceptable offers, and non-negotiables. When parties arrive prepared to negotiate in good faith, productive communication and meaningful problem-solving commonly result.
So before charging into court with guns blazing, take a minute to have a conversation with your client about the benefits of settlement conferences. You may find that one productive day at the settlement table may accomplish more than months of costly litigation.
