Whether you are in litigation in the Small Claims Court or in the Superior Court of Justice, you will be involved in a pre-trial conference. A pre-trial conference is a non-binding settlement conference before trial. It is an informal meeting between the parties (the litigants) and their legal representatives in the presence of a judge in his or her chambers (office).
The content of the meeting is strictly confidential and cannot be used at trial. The pre-trial judge, as well, is prohibited from hearing the trial. Because of the confidential nature of the meeting, the parties are encouraged to speak freely and candidly. They should be prepared to explain their legal positions in a thorough manner and to present important documents that they are relying upon. The pre-trial judge may also speak candidly, and sometimes bluntly to the parties, in this informal setting.
The role of the pre-trial judge is to weigh the pros and cons of the case. He or she will give the parties a reasoned opinion on how the case may turn out if it goes to trial. The opinion from an experienced judge, who has spent the needed time to debate the issues with the parties, is definitely worthy of serious consideration. Trials are expensive. One party wins, the other party loses, and the loser usually has to pay much of the winner’s legal costs, that is, the winner’s legal fees and expenses. So, whether you are the plaintiff or the defendant, you owe it to yourself to consider settlement at the pre-trial or shortly afterwards. Settlement at this stage not only saves time and money. It avoids the stresses of a trial and it gives the parties the power to resolve the dispute on their own, rather than waiting months for a trial and decision.