What Really Happens at a Settlement Conference, From the Person Running It
Authored by Mason Rashtian | Personal Injury Attorney, The Mason Law Firm
Dedicated Personal Injury Lawyer in Santa Clarita, Valencia, Canyon Country, Newhall, Saugus, Stevenson Ranch, Castaic, Val Verde, Antelope Valley, Palmdale, Lancaster, the San Fernando Valley, and the Greater Los Angeles Area
Most people who file a personal injury lawsuit picture the end of their case as a courtroom, a jury box, and a verdict. In reality, most cases in Los Angeles County end somewhere much less dramatic: a mediation or settlement conference via Zoom, and a long day of demands and offers going back and forth.
Whether it is private mediation or a Mandatory Settlement Conference, i.e. I’ve seen it from three different sides.
For nearly a decade, I sat at the defense table representing insurance companies, drivers, property owners, grocery companies, contractors and subcontractors, and bus companies. Today, I represent injured people in Santa Clarita, Valencia, Canyon Country, Saugus, Newhall, Stevenson Ranch, Castaic, Val Verde.
I also serve as a Settlement Officer for the Los Angeles County Superior Court, which means I’m often the neutral person in the middle, trying to help both sides reach a number they can live with.
I’m writing this because clients are often nervous before their settlement conference. They don’t know what to expect, and the insurance company is counting on that. So here is what actually happens.
Call The Mason Law Firm, managed by Santa Clarita Personal Injury Attorney Mason Rashtian, today at 661-506-2992 for a FREE consultation. We serve clients throughout Santa Clarita, Valencia, Newhall, Saugus, Canyon Country, Stevenson Ranch, Castaic, Val Verde and all of Los Angeles County.
What is a Mandatory Settlement Conference?
A Mandatory Settlement Conference, generally referred to as an ‘MSC”, is a court-ordered meeting, usually set a few weeks before trial. Its purpose is simple: to give the case one last serious chance to settle before everyone spends the time and money at trial.
The key word is mandatory. Under California Rules of Court, rule 3.1380, the conference is not optional. Trial counsel, the parties, and people with full authority to settle are required to attend personally, unless the court excuses them. That means you, your lawyer, the defense lawyer, and someone from the insurance company who can actually approve a settlement.
In Los Angeles County Superior Court, many of these conferences are run by settlement officers. These are experienced attorneys, not judges, who volunteer to help the court resolve cases. That’s the role I fill.
What I Read Before You Walk In
Before the conference, each side must submit a settlement conference statement. Under the rules, these are due no later than five court days before the conference. They summarize the facts, the injuries, the damages, the legal issues, and each side’s current settlement position.
I read every page. What I’m looking for tells you a lot about what matters.
First, I’m looking at liability. Who is really at fault, and how would a jury likely see it? A clean rear-end collision on the I-5 near Magic Mountain Parkway reads very differently from a disputed left turn on Soledad Canyon Road with no independent witnesses.
Second, I’m looking at the medical story. Is the treatment consistent? Are there gaps? Do the injuries make sense given how the accident happened? When I was on the defense side, gaps in treatment were one of the first things we attacked. Settlement officers notice them too.
Third, I’m looking at the distance between the two numbers. If the plaintiff is at $500,000 and the defense is at $15,000, I know I have a long day ahead of me. That’s not a sign that either side is acting in bad faith. It usually means one side sees risk that the other doesn’t yet.
How the Day Actually Runs
People often imagine a settlement conference as a heated face-to-face argument. It rarely looks like that.
The majority of settlement conferences take place virtually. When the conference begins, each side is placed in their own “virtual room”. This means that the Plaintiff and Plaintiff’s lawyer are placed in one virtual room and the defense attorney and the insurance adjuster are placed in a separate virtual room.
Plaintiffs are generally not familiar with these conferences. So, I first explain how the process works, and then we begin. Because Plaintiff filed this action, he or she has the burden of proof. So, I start with the Plaintiff’s team first.
Even though I have a copy of their settlement brief, I still want to hear from the Plaintiff because a settlement brief, written by an attorney, doesn’t tell me anything about Plaintiff, the person. I want to know how the injuries affected
*I move back and forth between them. In legal terms this is called “caucusing.” In practical terms it means you will spend a lot of time waiting while I talk to the other side.
That waiting is normal. It doesn’t mean things are going badly.
When I sit down with each side privately, I’m doing two things. I’m listening, because every side has a version of the case they believe, and I need to understand it. And I’m reality testing. With the plaintiff, that might mean asking hard questions about a gap in treatment or a pre-existing condition. With the defense, it might mean pointing out that a jury in Los Angeles County is not going to like their liability argument, or that their expert is going to have a rough cross-examination.
My job isn’t to take sides. It’s to help each side see the risk they aren’t fully accounting for.
Who Holds the Real Power in the Room
This is one of the most important things my defense experience taught me. In most personal injury cases, the defendant isn’t the one writing the check. The insurance company is.
That means the most important person at the conference is often the claims representative with settlement authority. Sometimes they’re in the room. Sometimes they’re on the phone. That person works within a settlement range set internally, often long before the conference begins. The insurance company has already placed a value on your file, and that value is built from the same things I just described: liability, medical records, treatment consistency, and how credible you’ll appear to a jury.
A big part of a settlement conference is persuading that representative to go back to their supervisors and request more authority. That doesn’t happen because someone raises their voice. It happens when the facts and the risk of trial make the current number impossible to defend.
What Actually Moves the Number
After sitting in the middle of many of these conferences, I can tell you what works and what doesn’t.
What works is preparation. A case with complete medical records, clear documentation of lost wages, photos, witness statements, and a credible explanation of future care gets taken seriously. A well-organized settlement conference statement often does more work than anything said in the room.
What also works is credibility. When one side makes a realistic move, it often creates pressure for the other side to respond. When one side stays stuck on an unrealistic number, the conversation stalls.
Trial readiness matters too. Insurance companies pay attention at a settlement conferences because trial is only a few weeks away. So, the risk of a jury trial is real and close.
What doesn’t work is theater. Walking out, making threats, or refusing to move rarely produces a better result. It usually produces a trial date.
California law also gives both sides another tool: a formal offer to compromise under Code of Civil Procedure section 998. If one side makes a reasonable 998 offer and the other side rejects it, then fails to do better at trial, the rejecting side can face serious cost consequences. These offers often come up in settlement discussions, and your lawyer should explain exactly how one could affect you.
Why Some Cases Don’t Settle
Not every case settles at the conference, and that’s not always a failure.
Sometimes the defense believes it has a real liability defense. Sometimes there’s a genuine medical dispute that only a jury can resolve. Sometimes the insurance company simply hasn’t granted enough authority yet, and the case settles closer to trial or even on the courthouse steps.
A case that doesn’t settle at the MSC still benefits from the process. Both sides usually leave with a clearer understanding of where the case stands and what a jury is likely to do.
What You Should Do to Prepare
If you’re a plaintiff heading into a settlement conference, preparation starts long before that day.
Stay consistent with your medical treatment. Keep track of your expenses, missed work, and how the injury affects your daily life. Be honest with your lawyer about everything, including prior injuries and claims. The other side will find out anyway, and it’s much better to address those issues on your terms.
On the day itself, plan to be there for a few hours, and clear your schedule. Bring patience.
Talk with your lawyer ahead of time about your realistic range, so you aren’t making a major decision during the settlement conference. Finally, remember, that you aren’t required to accept any offer. A settlement only happens if you agree to it.
Frequently Asked Questions
1. Do I have to attend my settlement conference in person?
Yes. California Rules of Court require parties and people with full settlement authority to personally attend settlement conference. Since you are the Plaintiff, you must attend.
2. Is the settlement officer a judge?
Not always. In Los Angeles County Superior Court, many settlement conferences are handled by experienced attorneys serving as settlement officers. They’re neutral and don’t decide your case. Their role is to help the parties reach an agreement.
3. Can what I say at the conference be used against me at trial?
Discussions held at settlement conferences, including offers are confidential. So, generally, no. Nothing you say at a settlement conference can be used at trial against you.
4. What happens if my case doesn’t settle?
The case moves toward trial. Settlement discussions can continue, and many cases resolve after the conference but before the date of trial.
5. Will I be forced to accept an offer?
No. A settlement officer can offer perspective to get both sides to evaluate risk honestly, but the decision to settle is entirely yours.
The Bottom Line
A settlement conference isn’t a trial, and it isn’t a formality. It’s often the moment when a case is truly valued, by people who understand what a jury is likely to do.
Having sat on the defense side, in the neutral chair, and now beside those injured in an accident, I know that the best outcomes come from careful preparation and realistic expectations.
If you are hurt in Santa Clarita or anywhere in Los Angeles County, we offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case.
📞 Call 661-506-2994 for a free consultation.
“We Meet Our Clients by Accident!”
and
“We Put Personal in Personal Injury Law.”
Car accidents, bicycle accidents, bus accidents, motorcycle accidents, pedestrian accidents, truck accidents, slip and falls, dog bites, nursing home abuse cases, burn injuries, construction site accidents, amusement park accidents, brain injuries, spinal cord injuries, wrongful death cases, ride share accidents
Santa Clarita Valley Chamber, Greater San Fernando Valley Chamber, Santa Clarita Bar Association, San Fernando Valley Bar Association, Better Business Bureau, State Bar of California, Justia, avvo, Lexinter Law, linkedin, findlaw, Instagram, Tiktok, Facebook, Youtube, experience.com, TEAM referral network, Cornell Law School, USAttorneys.
Home page, testimonials, blogs, videos, awards, Mason Rashtian, Vision Statement, Facts and questions, contact page.