Submit a Case Submit Case Find a Neutral Search Neutral

Settlement Negotiation Ethics for Attorney-Advocates in Litigated Cases

Phillip Neiman, Esq., FCIArb
Phillip Neiman, Esq., FCIArb
JAMS Mediator, Arbitrator, Referee/Special Master, Hearing Officer


At some point after a civil dispute enters the legal system, opposing counsel will likely engage in some form of discussion to resolve the case. If attorneys don’t initiate direct negotiations or early mediation, or if they do and the case doesn’t resolve, they are likely to receive judicial encouragement at a case management conference to voluntarily explore settlement through a court’s alternative dispute resolution program. Separately, courts use meet and confer requirements to promote settlement talks. If a case has not resolved and trial is approaching, attorneys are likely to find themselves at the negotiating table by judicial fiat. California Rules of Court, Rule 3.1380 authorizes a court to set one or more mandatory settlement conferences on its own motion.

Full Article Below:


This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Stay updated on the latest in mediation, arbitration and dispute resolution.

The JAMS ADR blog serves to engage our clients, the legal community and the public in a discussion about alternative dispute resolution. As leaders in mediation, arbitration and more, we strive to remain at the forefront of legal developments, trends and news in areas of law that pertain to ADR.

Yes, I would like to receive email communications regarding news, articles, events, and resources from JAMS.