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For Attorneys: Frequently Asked Questions about the Early Settlement Program (ESP)

  1. Do I have to file my settlement conference statement with the Court?
  2. Who do I send my settlement conference statement to?
  3. How do I arrange for my client or insurance representative to be on telephone standby?
  4. What do I do if my case has been settled or dismissed?
  5. Our case is going to private mediation therefore we want to cancel the early settlement conference, what do we have to do?
  6. My settlement conference is more than three weeks away and I need a continuance, what do I do?
  7. My settlement conference is less than three weeks away and I need a continuance, what do I do?

1. Do I have to file my settlement conference statement with the Court?

No, do not send a copy to the Court.

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2. Who do I send my settlement conference statement to?

Send a copy to each of your panelist(s), all other counsel, and a final copy to the ESP Coordinator at BASF with a proof of service, listing everyone who received a copy.

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3. How do I arrange for my client or insurance representative to be on telephone standby?

Local Rule 4.3 states, and it is the absolute preference of the panelists and the Court that participants appear in person. However, for good cause only, your assigned panelist(s) has the authority to grant telephonic appearance for participants. The request to the panelist must be made in writing and copied to all counsel. Participants must be prepared to participate by phone throughout the entire conference. The phone participant must bring settlement authority to the conference.

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4. What do I do if my case has been settled or dismissed?

Notify the Early Settlement Program in writing of settlements or dismissals, copying all counsel and your panelist(s) (if they have been assigned). Once this is done your case will be closed.

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5. Our case is going to private mediation and we want to cancel the early settlement conference, what do we have to do?

Download the Stipulation to ADR. Check the "Private Mediation" box. All counsel must sign. File the stipulation in Room 103 at the San Francisco Superior Court. Distribute one endorsed-filed copy of the stipulation to Dept 212 at the Court and fax another endorsed-filed copy to the Early Settlement Program at (415) 989-0381. Your case will be removed from the Early Settlement Program by the Court and put on mediation track.

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6. My settlement conference is more than three weeks away and I need a continuance, what do I do?

Download the Application to Reschedule Early Settlement Conference. Fax it to (415) 989-0381, and copy all counsel. The ESP will reschedule the conference and send a notice to all counsel. ESP staff will contact you if we need more information to process your request.

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7. My settlement conference is less than three weeks away, but I still need a continuance, what do I do?

You have two options: You may contact all other counsel, and your assigned panelist(s) for your current date, and reschedule the conference to a mutually viable date. You must submit written confirmation of your new date, time and location to the ESP Coordinator, all counsel and the panelist(s), before your current date. Or, you may file an application and declaration requesting a continuance with the Court, attach a proposed order and submit your request to Dept. 212. Forward a copy of your Request to the ESP Coordinator. The Court Commissioner will rule on your request.

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