Peaceful settlement conference
It is no small task to be a deputy judge of the small claims court. It is hard work, and they will always have their critics. I admire what they do, but frankly the conducting of settlement conferences has gotten out of hand. I have repeatedly argued for more effective means of resolving disputes in small claims court. A recent case strengthens my resolve. A client I consulted for walked into a settlement conference and was met with a menacing deputy judge. The judge proceeded to allow the Plaintiff 20 minutes to state his case. Afterwards, this impartial facilitator pointed the finger at my client and demanded that he settle for the full claim plus legal fees – all this without even listening to my client’s side of the story! Enough is enough. I say scrap the settlement conference altogether and substitute mandatory mediation with qualified mediators or practitioners who understand small claims court. In the very least, include mandatory mediation in addition to settlement conferences. I guarantee a higher settlement rate and increased satisfaction with the justice system. This is no disrespect to judges. Perhaps it is the hectic workload or pressure of quickly going through the docket of cases. But the bottom line is that these conferences must improve.
