Moderated Settlement Conference
What is a Moderated Settlement Conference?
A Moderated Settlement Conference (MSC) is a court ordered form of alternative dispute resolution (ADR) that brings together parties and their attorneys in a courthouse session led by an experienced attorney. The moderator reviews the issues and supporting evidence, and while they do not have decision-making authority, they use their knowledge, expertise, and persuasion to help the parties reach agreement.
The Value of a Moderated Settlement Conference
Litigation is often expensive, time-consuming, and places the final decision in the hands of a judge rather than the individuals involved. By contrast, an MSC allows parties—the true stakeholders—to explore settlement outside of the courtroom. With the guidance of an experienced moderator, MSCs can save both time and money while keeping resolution in the hands of the parties.
What Does the Moderator Do in an MSC?
The moderator is selected for their expertise and thoroughness. Before the session, the moderator reviews pleadings and statements of issues provided by attorneys or self-represented parties (pro se). During the conference, the moderator:
- Elicits additional information.
- Engages directly with the parties.
- Assesses the strengths and weaknesses of the case.
- Provides constructive feedback to move the parties toward settlement.
If a settlement is reached, the parties enter the courtroom to place the agreement on record. Sessions typically last 4–8 hours, though the length may vary depending on the issues.
Cost of a Moderated Settlement Conference
If the court has not set the fee, the cost is $125.00 per hour per party. This includes:
- Review of case materials before the session.
- A preparatory conference call with attorneys or parties.
Sarah Martin Arendt has participated in MSCs both as a moderator and as a participant. In line with her commitment to making alternative dispute resolution accessible, her hourly rate is adjusted based on the combined gross income of the parties.