Okla. Stat. tit. 12, app 1 R. 1.251

Current through Laws 2024, c. 453.

Rule 1.251 - PROCEDURES AND GUIDELINES FOR APPELLATE SETTLEMENT CONFERENCE

(a) Administration.

The settlement conference program shall be directed by a program administrator designated by the Court. All documents in the settlement conference process shall be in the form prescribed by the Court.

(b) Screening and Selection.

Appeals shall be screened and selected from those petitions in error indicating that all parties are willing to participate in an attempted settlement of the appeal by predecisional conference if offered the opportunity. Screening and selection will be done by the program administrator promptly after the filing of the response(s) to an appeal and/or to cross and/or counter appeal(s), if any, whichever is later. After selection, the Court shall enter an order inviting the parties to participate in a settlement conference. A settlement conference may be requested at any time by joint application of all parties.

(c) Settlement Conference.

The settlement conference shall be conducted by a settlement conference judge unless the parties elect private dispute resolution as provided by Rule 1.251(f) below.

(d) Scheduling.

The settlement conference shall be scheduled by the program administrator at the earliest date possible at a location convenient for the parties. Upon application to the conference judge, and for good cause shown, the conference judge may change the date, time and/or location of the settlement conference.

(e) Settlement Conference Judge.

1. Qualifications. The Supreme Court shall choose a pool of Conference Judges. A conference judge may be a former appellate or district court judge on retired active status, an active judge in a judicial district other than the district where the appeal subject to settlement conference originated, a Supreme Court Referee or Staff Lawyer. The Court may determine other qualifications, including mediation and/or settlement training.

2. Selection. The conference judge for each settlement conference shall be selected by the program administrator from the list of conference judges chosen and approved by the Supreme Court. The program administrator may serve as the conference judge.

3. Role. The role of the conference judge is to facilitate discussions between the parties, help them simplify issues, and assist them in reaching a voluntary settlement. The conference judge has no authority to compel settlement.

4. Disclosure. A conference judge shall disclose any circumstance that may appear to affect impartiality. Issues of conflicts of interest or other grounds for disqualification shall be addressed informally to the conference judge. If the issue cannot be resolved, any party may move the Court to disqualify the conference judge.

5. Control. The conference judge shall conduct the settlement conference in the manner he or she deems appropriate.

(f) Private Dispute Resolution.

Upon joint motion filed by all parties within fifteen (15) days of the date of the settlement conference order, the Court may allow the parties to participate in mediation, arbitration, or another alternative dispute resolution process. In the motion, the parties shall state facts to establish that specific arrangements have been made for private dispute resolution of the appeal. The private settlement procedure shall be completed within forty-five (45) days of the order granting the joint motion. A final report shall be submitted by the parties to the Court within five (5) days after the settlement conference. Rule 1.251(h), Rule 1.251(i), Rule 1.251(j) and Rule 1.252 of these procedures and guidelines apply to private dispute resolution procedures.

(g) Settlement Conference Statements.

No later than five (5) days before the settlement conference, each party shall provide the conference judge and each other party with a settlement conference statement. The statement shall be in the Court's prescribed form (Rule 1.301, Form No. 20) and include any information specified in the Court's order notifying the parties of the settlement conference.

(h) Participants.

1. Parties. The settlement conference shall be attended by all parties and their counsel unless excused by the conference judge. Each party shall be represented at the conference by an individual with full settlement authority.

2. Interested Non-Parties. Any interested non-party, such as an insurance company or other person or entity that is contractually required to defend or to pay damages, shall be represented at the settlement conference by an individual with full settlement authority.

(i) Results.

Within five (5) days of the conclusion of the settlement conference, the conference judge shall report in writing to the program administrator the results of the conference. To the extent the parties settle the case or otherwise effect full disposition of all issues, they shall promptly file a dismissal or joint dismissal with the Clerk and provide a copy to the program administrator.

(j) Confidentiality.

Statements during the settlement conference process are confidential, are not binding on the parties except as agreed by written stipulation, and shall not be treated as admissions against interest or as limitations on a party's claims or defenses.

Okla. Stat. tit. 12, app 1 R. 1.251

Adopted by order of the Supreme Court, eff. 1/1/1997.