Referee

• Expect a referee. The referee is a lawyer or judge appointed by the court. She is a neutral third party who makes suggestions that may help the parties resolve the terms of a mutually acceptable settlement.
  
  

Counsel

• Expect to have legal counsel present. If you have hired a lawyer, he must be present at the settlement conference. This is common for all but small claims court settlement hearings.
  
  

Agreement by Concession

• You probably will be asked to make concessions, but you won't be coerced. As an advocate for settlement, the referee does not side with either party or demand concessions. She reviews the case file before the conference and mediates discussion during the conference. The plaintiff comes prepared to discuss damages and settlement demands, and the defendant comes prepared with a settlement offer. The referee assesses the gap between the plaintiff's demand and the defendant's offer and may suggest possible solutions for a resolution to avoid trial.