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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. 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.

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

Send a copy to each of your panelist(s) and all other counsel, with a proof of service listing everyone who received a copy. BASF does not need a copy.

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

It is the preference of the panelists 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 and have settlement authority.

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 the case has been assigned. Once this is done your case will be closed.

5. I need a continuance, what do I do?

Requests to reschedule an ESC should be communicated to your panelist(s) directly, working in conjunction with other parties/counsel to find a new date convenient for everyone.