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Mandatory Settlement Conference (MSC) is governed by California Rule of Court 3.1380, and local court rules. At an MSC, parties meet with a neutral person, usually a judge, to clarify the issues and discuss the possibility of settling the case before trial. The court may set a MSC on its own motion or a the request of one of the parties.
With some exceptions, noted in San Diego Superior Court Rule 2.3.1.2, each party must prepare a written statement of their position. The statement must be served on all parties and lodged with the settlement conference judge five court days before the settlement conference.
The settlement conference statement must include necessary information to concisely support issues of:
Generally, settlement conference statements must not be more than five (5) pages.
*If you have filed in a different county superior court, be sure to check the local court rules of that court.
For a completed sample Mandatory Settlement Conference Statement, see California Civil Practice-Procedure (Westlaw) Chapter § 27.62, and California Pretrial Civil Procedure, V 2,Chapter 23
The Alternative Dispute Resolution (ADR) process is a way for parties to resolve their legal disputes outside of court. Click here to learn about the different types and benefits of the different methods of ADR.
Check out the California Courts video series on how to use ADR to Resolve Your Case. The series includes videos on:
The San Diego Superior Court has an information form on Mandatory Settlement Conferences. The form can be found here.