These 2-hour telephonic prehearing/settlement conferences are set prior to a full evidentiary hearing, or in appeals from rejection during probation, the submission of written briefs. Settlement conferences offer the parties a chance to meet and negotiate a settlement of their case with the assistance of an SPB Administrative Law Judge (ALJ).
What is a prehearing Conference (PHC)?
A Prehearing Conference (PHC) is an opportunity for parties to have a prehearing administrative law judge (PALJ) assist them in resolving or simplifying any workers’ compensation issue before their formal hearing with an administrative law judge (ALJ) in the Office of Administrative Courts (OAC).
What is a settlement conference in a civil case?
Settlement Conferences are meetings between opposing parties of a claim where the parties attempt to reach a mutually agreeable resolution of their dispute. They are not fact-finding hearings, and no determination of any issue set for hearing is addressed at a settlement conference.
How do I search for evidentiary hearings and prehearing/settlement conferences?
To search by Representative, please use the Representative drop down box and click to the right side of the box to view a listing of Appellant Representatives. Click here to search for evidentiary hearings and prehearing/settlement conferences. Questions?
Is it possible to win a settlement conference?
It is totally up to the judge (and the law) for a party to win a settlement conference. However, the judge checks that both parties get some advantage over a matter when the settlement takes place.
What is settlement conference?
Settlement Conferences are meetings between opposing parties of a claim where the parties attempt to reach a mutually agreeable resolution of their dispute. They are not fact-finding hearings, and no determination of any issue set for hearing is addressed at a settlement conference.
What is a full and final settlement?
Full and final settlements mean all issues are settled and the case is closed upon written approval of the settlement terms by the Director or a PALJ. In some cases, the competency of a claimant arises, where the claimant is a minor or has suffered the loss of mental abilities to manage his or her affairs. In those situations, the parties may need a prehearing conference with a PALJ to determine the competency of the claimant before any settlement can be approved.
What is a PHC in the workplace?
A Prehearing Conference (PHC) is an opportunity for parties to have a prehearing administrative law judge (PALJ) assist them in resolving or simplifying any workers’ compensation issue before their formal hearing with an administrative law judge (ALJ) in the Office of Administrative Courts (OAC).
Is a settlement discussion confidential?
Settlement discussions are confidential and cannot be used as evidence in a hearing. The PALJ helps in the exchange of information, examine the merits and weaknesses of the parties’ positions, weigh the risks and costs of litigation, and negotiate a settlement of the issues.
What is the SPB?
The SPB assigns lesser adverse actions to the Investigative Review process. The case will be decided on the parties’ written briefs to include relevant legal and factual argument, witnesses’ declarations, and exhibits.
What is evidentiary hearing?
At the outset of the hear-ing, each side may present an opening statement that outlines the case for the presiding ALJ. Both sides then offer relevant evidence to prove their respective cases. The party that bears the burden of proof will present evidence and witness testimony first. The opposing party will then have an opportunity to cross-examine the first party’s wit-nesses. After the first party has finished presenting their case, the process will be repeated allowing the second party to present evi-dence and testimony and offering the first party the opportunity for cross-examination.
How many copies of evidence are needed for a SPB hearing?
For in-person hearings, each party must bring 4 copies of all evidentiary documents. For hearings conducted on the Webex platform, each party shall create Exhibit Packages consisting of hard copies and elec-tronic (PDF format) copies of all documents that they intend to intro-duce or display at the hearing, including documents for use by antici-pated rebuttal witnesses. Both the hard and electronic copies of a party’s Exhibit Package shall be consecutively numbered (Bates num-bered) in the lower right corner of each Exhibit Package page. The Bates numbering for the hard and electronic copies shall be identical. The parties shall not pre-mark or staple individual exhibits within their Exhibit Package. All documents shall be printed on one side only. Ad-ditionally, each party must prove the accuracy of any submitted docu-ments. The ALJ will only consider evidence that is submitted before the close of the hearing; evidence will not be accepted at a later time. Declarations from witnesses in lieu of testimony are appropriate in cases assigned to the Investigative Review Process.
What is an appeal in SPB?
An appeal is opened upon the determination that it both falls under SPB jurisdiction and meets regulatory requirements. Cases are as-signed to different processes based on what action has been appealed.
The procedure of a settlement conference
Both the parties in a settlement conference will provide a brief background about the dispute to the judge so they can help in resolving the case. The judge will then meet the attorneys of the parties separately and listen to their part of the case. This section of the settlement conference is not always attended by the parties themselves.
Purpose of a settlement conference
The main purpose of a settlement conference is to save the cost and time of both the parties and the court by encouraging them to reach an out-of-court settlement and avoid going for a trial.
Who manages the settlement conference?
The settlement conference is conducted by the provincial court judge. However, if the judge couldn’t reach the settlement in a lawsuit, then a trial judge will hear the case who will not be the same who heard the case at a settlement conference.
Why are settlement conferences required?
Settlement conferences are good to settle small claims issues and lawsuits that don’t require open court hearings or trial dates. Except for the cases where the motor vehicle accidents caused property damage.
Who should attend the settlement conference
The parties involved such as claimants/plaintiffs, defendants, and any other involved third party must attend the settlement conference.
Options to consider after a settlement conference
After the arguments and personal meetings between lawyers from both sides and the judge, if the case reaches a settlement, then a judge would immediately issue an order listing down the terms of the settlement.
