Legal Settlement Conference

LEGAL SETTLEMENT CONFERENCE AGREEMENT

This Legal Settlement Conference Agreement (Agreement) is entered into on this day: of , by and between Party A Name: represented by Counsel: ; and Party B Name: represented by Counsel: . Court/Tribunal: ; Case Number: .

RECITALS

WHEREAS, the parties are engaged in the litigation identified above and desire to pursue a structured settlement conference with the goal of resolving all or part of the dispute;

WHEREAS, the parties have conferred and agreed upon procedures, disclosures, authority, and confidentiality terms to govern the settlement conference and any communications made in connection with it; and

WHEREAS, the parties wish to set forth certain commitments and procedures in writing to facilitate a focused and enforceable settlement process.

NOW THEREFORE, in consideration of the mutual promises herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: (a) "Conference" means the settlement conference described herein; (b) "Neutral" means the mediator or settlement officer assigned to facilitate the Conference; and (c) "Confidential Communications" means any oral, written or electronic communications made for the purpose of negotiating a settlement in the Conference as described in Section 4 below.

2. PURPOSE AND SCOPE

The Conference is convened to facilitate settlement negotiations and to permit candid exchange of positions and settlement terms. The Conference is not a fact-finding hearing or adjudicative proceeding and shall not be used to bind the parties except as set forth in any written settlement executed by authorized representatives of the parties.

3. SCHEDULING AND LOCATION

The Conference is scheduled for: at .

Mode of Conference: In person Virtual / Telephone Hybrid

4. AUTHORITY TO SETTLE

Each party represents and warrants that the person who will attend the Conference on its behalf possesses full and final settlement authority. Counsel for each party shall confirm in writing prior to the Conference that the attending representative has authority to consummate a settlement up to the limits specified in the written confirmation.

5. CONFIDENTIALITY

All Confidential Communications made in connection with the Conference, including settlement offers, proposals, and communications with the Neutral, shall be privileged and confidential to the fullest extent permitted by applicable law and shall not be used as admissions or for impeachment in any proceeding. Neither the Neutral nor any party shall disclose Confidential Communications to third parties without the prior written consent of the party that made such communications, except as required by law.

6. PRE-CONFERENCE SUBMISSIONS

The parties agree to exchange concise settlement statements and any supporting documents no later than: prior to the Conference.

7. NEUTRAL AND ROLES

The Neutral shall manage the Conference, conduct caucuses as appropriate, and facilitate negotiations. The Neutral's role is to mediate and not to adjudicate. The Neutral shall disclose any potential conflicts of interest known at the time of appointment. The Neutral's communications and notes relating to settlement negotiations are privileged and confidential.

8. SETTLEMENT OFFERS

Statements of willingness to settle, settlement proposals, and offers exchanged during the Conference shall be inadmissible in any judicial proceeding to prove liability, damages, or the failure to settle, except as may be necessary to enforce a signed settlement agreement.

9. FAILURE TO ATTEND

If a party or its authorized representative fails to attend the Conference as scheduled, that party may be subject to sanctions, including cost-shifting for fees and expenses reasonably incurred by the other party and the Neutral as a result of the failure to attend, to the extent permitted by applicable rules or court order.

10. FEES AND EXPENSES

Unless otherwise agreed in writing, the parties shall share the Neutral's fees and expenses equally. The parties shall each bear their own attorney fees and costs unless otherwise provided in a written settlement or ordered by the Court.

11. NOTICES

All notices, demands or communications required or permitted under this Agreement shall be in writing and shall be delivered to the addresses below by hand, certified mail (return receipt requested), or other reliable delivery service.

12. AMENDMENTS; WAIVER

This Agreement may be amended only by a written instrument executed by authorized representatives of both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party waiving the right.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the substantive laws of the State designated by the parties below, without regard to principles of conflicts of law.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the settlement conference.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16. COUNTERPARTS

This Agreement may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic image shall be binding.

SPECIAL PROVISIONS / ACCOMMODATIONS

ENFORCEMENT OF SETTLEMENT

Any settlement reached during the Conference shall be reduced to a written agreement signed by authorized representatives of the parties and shall be enforceable as a contract. The parties agree that any breach of such a written settlement may be enforced by appropriate application to the Court.

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