In Pursuit of Settlement: Deciphering Judicial Activism
By , February 8, 2012
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In discussing judicial involvement in settlement, the author argues that even though Rule 16 of the Federal Rules of Civil Procedure authorizes judges to order settlement conferences, the Model Code of Judicial Conduct should include guidelines to help define what the court can do ethically to encourage settlement of cases without being coercive. Barnao provides historical background information regarding the current rules of judicial involvement in settlement, a discussion of proposed changes to those rules and their implications, case law and ethics opinions that limit judicial behavior, and suggested judicial tactics for use in settlement negotiations.
