Question 1

Your attorney has asked you to find examples of mediation and arbitration provisions that may potentially be used in a settlement agreement. Locate five sample provisions for her review and place them in your systems folder.

Accepted Answer

This answer will vary with each student. Students should consider searching on the American Arbitration and American Mediation Web sites for some standard provisions. Forms form banks and law firms should be checked.

Question 2

What is the definition and purpose of a pretrial conference? What Federal Rule applies? What state rule applies?

Accepted Answer

Federal Rule of Civil Procedure 16, individual state rules, local practice, and the preference of a particular judge determine what happens at the pretrial conference. In some jurisdictions the conference is mandatory, and the judge is active in trying to settle the case. In other jurisdictions the conference must be requested, and the judge may refrain from any involvement in settlement discussions.
A pretrial conference is normally conducted in the judge's chambers and is attended by the attorneys for the parties and the judge. Clients may be required to attend. Traditionally the
conference is a discussion by the attorneys of the facts in the case, the evidence to prove those facts,
the issues remaining in the case, when and how long trial will be, and, if possible, whether settlement is in the offing. Federal Rule 16 now requires a more extensive pretrial conference process involving more than one meeting in many cases. In this context the pretrial conference takes on the important role of facilitating the overall planning and management of the progress of the case beginning at a much earlier point in the litigation (within 90 days of the defendant's first appearance or within 120 days of serving the complaint on the defendant, whichever is shorter).

Question 3

What kinds of information needed in preparing for settlement and in evaluating a case can be obtained from a reference librarian or online service?

Accepted Answer

Life expectancy statistics, vocational opportunities for the client, estimated inflation trends that may affect the cost of a child's college education, future medical care, estimated lost income and benefits, and basic cost of living (vocation experts and economists may need to be consulted) are areas that may need to be researched.

Question 4

Locate three examples of settlement agreements. Review the provisions and identify the common provisions in each for future reference.

Accepted Answer

The answer of Locate three examples of settlement agreements. Review...

Question 5

Place a page reference or copies of the pretrial conference preparation checklist and the attorney's authorization from the client to settle in your systems folder.

Accepted Answer

The answer of Place a page reference or copies of...

Question 6

During the settlement process, what are the goals of communication with clients? With insurance adjusters?

Accepted Answer

The answer of During the settlement process, what are the...

Question 7

Draft a checklist of or enter text page references to the items that need to be researched and summarized in preparation for settlement. Indicate the sources for such information. Place the checklist in the settlement section of your systems folder.

Accepted Answer

The answer of Draft a checklist of or enter text...

Question 8

What are the ethical considerations applicable to the settlement process? Why are they important?

Accepted Answer

The answer of What are the ethical considerations applicable to...

Question 9

What must be investigated and summarized in preparing for settlement? Why is this information necessary?

Accepted Answer

The answer of What must be investigated and summarized in...

Question 10

In the ethics section of your systems folder, add page references to ethical considerations for the settlement process, the cited sections of the Model Rules of Professional Conduct, and the rules or ethical standards in your state.

Accepted Answer

The answer of In the ethics section of your systems...

Question 11

What formulas and processes are utilized to calculate various kinds of damages?

Accepted Answer

The answer of What formulas and processes are utilized to...

Question 12

In general, explain the paralegal role in ADR processes.

Accepted Answer

The answer of In general, explain the paralegal role in...

Question 13

How do hedonic damages differ from pain and suffering?

Accepted Answer

The answer of How do hedonic damages differ from pain...

Question 14

What is your role in the settlement process?

Accepted Answer

The answer of What is your role in the settlement...

Question 15

What is a settlement?

Accepted Answer

The answer of What is a settlement?...

Question 16

What things should you do to assist the attorney in preparing for the pretrial conference?

Accepted Answer

The answer of What things should you do to assist...

Question 17

What is an authorization to negotiate (compromise), and why is its execution by the client important?

Accepted Answer

The answer of What is an authorization to negotiate (compromise),...

Question 18

What are the contents and what is the purpose of a release? A settlement agreement?

Accepted Answer

The answer of What are the contents and what is...

Question 19

What is included in a settlement brochure and a settlement letter or précis? What is the difference between the two and the primary reason for the difference?

Accepted Answer

The answer of What is included in a settlement brochure...

Question 20

What is ADR and its advantages and disadvantages?

Accepted Answer

The answer of What is ADR and its advantages and...

Quiz 10: Settlement and Other Alternative Dispute