ALJ Settlement Conference - Oregon

An ALJ settlement conference is available in cases which both parties are represented by counsel; a hearing date is set; and the parties have not participated in mediation. The parties to an ALJ settlement conference may request a postponement of a prehearing conference or of any scheduled hearing date. The ALJ assigned to the full hearing willreschedule such hearing date and other dates, as appropriate, with the cooperation of the parties. The settlement ALJ will schedule a date consistent with the parties’ identified available dates as indicated in the request for an ALJ settlement conference, or another date acceptable to the parties. The settlement ALJ will send a notice to the parties confirming the date, time, and location of the ALJ settlement conference as well as a copy of the advisory opinion procedure. If the ALJ assigned to the full hearing agrees, the settlement conference may be scheduled for the first day of the hearing, unless an earlier date is available for all parties. The settlement conference will be held in the same location as the hearing, unless all parties, including the settlement ALJ, agree to a different location. 

a. Each party will bring to the settlement conference the person(s) involved in addressing
and solving the problem(s), implementing the solution(s), and with the authority to settle the dispute.
b. At the outset of the settlement conference, the parties will sign the Agreement to
Participate in Settlement Conference, acknowledging the confidentiality of the process
and forbidding use of information gained from it in a due process hearing. The settlement ALJ also signs the Agreement that he will not provide any written notes or information learned during the settlement process to any other person.
c. The settlement conference is expected to focus on the respective legal merits of the
parties’ cases, likely outcomes, and risks and costs associated with proceeding to hearing.
d. The initial settlement conference will be limited to a four-hour session. The settlement ALJ may extend the settlement conference for an additional four hours only if the settlement ALJ determines that the parties’ efforts have been productive, the hearing is not scheduled to begin the same day, and further immediate efforts will likely finalize the terms of settlement.
e. The parties’ legal representatives are responsible for writing the settlement agreement. The matter is not considered settled until the parties have signed a settlement agreement.
f. The settlement ALJ may take notes throughout the settlement conference, keeping track of agreements as they are reached. These notes may help the parties write the
settlement agreement but are considered ALJ work product and are not discoverable.