Mandatory Settlement Conference: Deadlines & Document Guide
The Mandatory Settlement Conference (MSC) is often the last chance to resolve a case before trial. Miss the document submission deadline and you may be sanctioned — or the MSC may be continued at your cost.
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What is a Mandatory Settlement Conference?
A Mandatory Settlement Conference is a court-ordered meeting — usually held a few weeks before trial — in which the judge (or a specially appointed settlement officer) meets with the parties and their attorneys to facilitate a settlement. The conference is "mandatory" in that all parties must attend and participate in good faith.
Goal
Settle the case before expensive trial
Who Runs It
Judge, magistrate, or court-appointed mediator
Result
Settlement agreement — or case proceeds to trial
Statistics: Studies show that 70–80% of civil cases settle before trial, and MSCs are one of the primary mechanisms that facilitate this. Come prepared to negotiate — a good-faith offer or demand is essential.
When is the MSC Typically Scheduled?
The MSC date is typically set by the court's scheduling order. Common timeframes:
28–35 days before trial
Typical Federal Court
30–60 days before trial
California State Court
14–21 days before trial
Some State Courts
Always check your specific court's scheduling order — the MSC date is binding, and requests to continue are rarely granted without a compelling reason.
Document Submission Deadlines
Before the MSC, each party must typically submit a Settlement Conference Statement (also called a Settlement Brief or MSC Statement). Deadlines vary by court:
| Court / Jurisdiction | Statement Due | Where to Submit |
|---|---|---|
| Federal (N.D. Cal. typical) | 7 days before MSC | Filed with court AND delivered to judge's chambers |
| Federal (S.D.N.Y. typical) | 5 days before MSC | Filed on ECF |
| California State Court | 5 court days before MSC | Filed with court clerk; copy to opposing party |
| New York Supreme Court | Per court order (typically 5–10 days) | Per local court rules |
| Florida Circuit Court | Per scheduling order | Per local administrative order |
Check your local rules: Each federal district court and state court has its own specific rules for MSC statement content and submission. Check the court's local rules or your specific judge's standing orders — they often override the general rule.
What to Include in Your Settlement Conference Statement
Brief Statement of the Case
Factual background, claims asserted, and key legal issues. Keep it concise — 1–2 pages.
Damages Analysis
Itemized list of all damages claimed or disputed. Include supporting calculations and documentation.
Settlement History
Prior settlement offers and demands (if the court requires it). Some courts do not want this information in the statement.
Strengths and Weaknesses
Honest assessment of your case's strong points AND vulnerabilities. The judge needs this to facilitate a realistic discussion.
Current Settlement Position
Your current offer or demand, and the factual/legal basis for it.
Impediments to Settlement
Any legal, factual, or practical barriers to resolving the case (e.g., policy limits, statutory damages caps, liability disputes).
Who Must Attend the MSC
Attendance requirements vary but typically include:
Standard Requirements
- • Lead trial counsel (not just any attorney)
- • Client (the actual party, not just their representative)
- • For corporations: officer with full settlement authority
- • Insurance adjuster (if insured defendant) with authority up to policy limits
Common Violations
- • Sending a junior attorney without authority
- • Insurance adjuster who can't approve above a low threshold
- • Client appearing by phone without advance court approval
- • Appearing unprepared (no damages analysis, no settlement authority)
Sanctions for MSC Non-Compliance
Courts take MSC compliance seriously. Common sanctions for failure to submit a timely statement, failure to attend, or appearing without settlement authority:
- • Monetary sanctions — attorney's fees and costs payable to the other side
- • Continuance of trial date at the non-complying party's cost
- • Adverse evidentiary rulings at trial
- • In extreme cases, dismissal or default judgment
Settlement Agreement Templates
If the MSC results in an agreement, you need a binding Settlement Agreement signed before you leave the conference — or promptly after. A well-drafted settlement agreement prevents future disputes about what was agreed to.
Attorney-Verified Settlement Agreement Template
A comprehensive Settlement and Release Agreement — includes mutual release clauses, payment terms, confidentiality provisions, and integration clause.
Get the Settlement Agreement →