§ Rule 1.252 Roles and functions of judicial officers and participants in settlement conference process

Rule 1.252. Roles and functions of judicial officers and participants in settlement conference process

(a) Role/Functions of Supreme Court and Chief Justice.

1. The Supreme Court shall set all guidelines for the Appellate Settlement Conference.

2. The Chief Justice shall oversee the Appellate Settlement Conference Program.

3. The Program Administrator may administer the program under the guidelines established by the Supreme Court and under the supervision of the Chief Justice.

4. The Supreme Court shall rule on motions presented after consideration of the Program Administrator's recommendations.

(b) Role/Functions of Program Administrator. The Program Administrator:

1. Is a judge, Supreme Court Referee or Staff Lawyer, and has the mediation and/or settlement training required by the Court.

2. Drafts, evaluates and periodically revises settlement conference program forms for submission to the Supreme Court for its approval.

3. Selects cases to recommend to the Chief Justice for participation in settlement conference process.

4. Selects settlement conference judges from a list which has been approved by the Supreme Court and determines dates, times and locations of settlement conferences.

5. Reviews all motions and presents written recommendations to the Chief Justice for final decision.

6. Monitors parties' private dispute resolution efforts and results; and formulates scheduling orders for entry by Chief Justice if such procedures are not timely accomplished.

7. Arranges training for settlement conference judges.

8. Conducts formal and informal exchanges with Oklahoma Bar under the supervision of the Chief Justice.

9. After prior Supreme Court approval, arranges for publications and seminars.

10. Compiles and analyzes statistics concerning the program with the assistance of the Administrative Director of the Court and the Court Clerk.

11. Coordinates continuing evaluation of program by Supreme Court, Program Administrator, settlement conference judges, Administrative Director of the Court, Court Clerk, Oklahoma Bar Association, Oklahoma lawyers practicing before the Court, and the general public.

12. Provides the Supreme Court with a monthly report detailing the number of cases currently pending in the settlement process, the number of cases resolved by the settlement process (by category), and the costs associated with administering the program.

(c) Role/Functions of Court Clerk. The Court Clerk works with the Program Administrator in coordinating records and notices necessary to facilitate operation of the settlement conference program.

(d) Role/Functions of Settlement Conference Judge. The Settlement Conference Judge:

1. Is a judge, a Supreme Court Referee or Staff Lawyer, and has the mediation and/or settlement training required by the Court.

2. Acts as an advocate for settlement and has the discretion to direct the conference in the manner he or she deems appropriate, including such actions as joint and/or private sessions with the parties and/or their counsel, ex parte communications with counsel before and/or after the settlement conference, and multi-party conference calls.

3. Works with the Program Administrator to schedule the conference, exercises discretion to reschedule the date, time or place of the conference, and notifies the Program Administrator of such change.

4. Discloses to the Program Administrator and the parties any circumstance that may appear to affect the conference judge's impartiality, and recuses as appropriate.

5. Protects the integrity and confidentiality of the settlement process.

6. Reviews settlement conference statements in advance to verify participation by all necessary parties and counsel, to assure that those with authority will participate, to assess issues, and to anticipate need for various documents, etc.; and consults with counsel as indicated to assure preparedness for conference.

7. Begins and guides the discussion at the settlement conference, listens to the factual and legal positions of the parties, identifies issues and interests, generates movement toward settlement, and terminates or continues the conference as appropriate.

8. Reports the results of the conference to the Court Clerk within five (5) days of the final conference.

9. Gives the Court written notice through the Program Administrator if any party fails to appear after receiving written notice of the conference and without good cause.

(e) Roles/Functions of Counsel and Parties. Counsel and the parties participating in the settlement conference are expected to:

1. Comply with the Procedures and Guidelines governing settlement conference, private dispute resolution procedures, depending upon decision(s) made by the parties and their counsel.

2. Promptly notify the conference judge of any facts outside the record that may appear to affect the conference judge's impartiality.

3. Before the settlement conference, prepare to: a) discuss the facts and issues involved in the appeal, b) provide copies of any pertinent statutes, orders, transcripts and other relevant materials, and c) suggest possible terms for settlement.

4. Appear at the settlement conference with someone with full authority to settle or compromise the appeal.

5. Arrange for the attendance at the settlement conference of any interested non-party, such as an insurance company or other person or entity that is contractually required to defend or pay damages, which shall be represented by an individual with full settlement authority.

6. Provide the conference judge and each other party with a settlement conference statement in accordance with the Procedures and Guidelines.

7. Maintain the confidentiality and integrity of the settlement process.

8. Promptly file dismissal or joint dismissal pleadings with the Clerk if the case settles.

Adopted July 10, 1996