1. A. Judicial Settlement Conference; Power of the Court: Upon the request of any of the parties for a settlement conference, or upon the court's own motion after issues have been identified and where the court believes a settlement conference might assist the parties in resolving any issue in dispute, the assigned trial judge may enter an order referring the case for a judicial settlement conference. The final decision as to whether to order a settlement conference rests within the discretion of the assigned trial judge. All requests made by a party for a settlement conference shall be set for a prehearing conference before the assigned trial judge.
2. B. Purpose: The purpose of the judicial settlement conference is to permit an informal discussion between the attorneys, parties, and the settlement judge on every aspect of the case bearing on its settlement value in an effort to resolve the matter before trial.
3. C. Referral and Scheduling: Upon referral by the assigned trial judge, the Administrator shall assign a Workers' Compensation Court Judge as the settlement judge for the case. The settlement conference shall be conducted by any Workers' Compensation Court Judge or an Active Retired Judge sitting by special designation for that purpose, other than the trial judge assigned to the case. The assigned settlement judge only may participate in the case in future settlement conferences, if any, and otherwise shall be disqualified from conducting or participating in any trials or three-judge panel appeals concerning the case. The Administrator shall coordinate the scheduling of the settlement conference with the settlement conference judge and thereafter send notice to the parties setting forth the date, time and location for the settlement conference. The setting of a settlement conference by the Court, or a request for a settlement conference by any party, shall not preclude any party from filing a Motion to Set for Trial.

4. D. Attendance Requirements:

   1. 1. When the parties are represented by counsel, an attorney fully knowledgeable about the facts of the case (generally the attorney who will try the case) shall appear, and shall be accompanied by one with full settlement authority. For the claimant this will generally be the claimant (except where the claimant is a minor or the personal representative of a decedent). For the respondent who has insurance this will be a claims adjuster. For own risk employers, or employers with no insurance this will be a person empowered with authority to enter into binding settlements. Governmental entities and boards shall send a representative and counsel who, together, are knowledgeable about the facts of the case and the governmental unit's or board's position, and have, to the extent feasible, authority to settle.
   2. 2. Only the assigned settlement judge may excuse attendance of any attorney, party or party representative. Any party excused from attending in person may be required to be available by telephone for participation if required. Failure to attend the settlement conference or failure to cooperate fully, may result in the imposition of sanctions in accordance with Rule 38(F).

5. E. Settlement Conference Process:

   1. 1. Prior to the settlement conference, the parties should discuss settlement with their respective clients and opposing counsel (or pro se parties) so that the issues and bounds of settlement have been explored in advance of the settlement conference.
   2. 2. The parties, their representatives and attorneys are required to be completely candid with the settlement judge so that the judge may properly guide settlement discussions. Pertinent evidence to be offered at trial, documents or otherwise, may be brought to the settlement conference for presentation if particularly relevant.
6. F. Authority of Settlement Judge: The settlement judge may excuse attendance of any attorney, party or party's representative; meet jointly or individually with counsel, alone or with parties or persons or representatives interested in the outcome of the case without the presence of counsel; and issue such other and additional requirements as shall seem proper, including follow-up sessions telephonically or otherwise, if in the discretion of the settlement judge it is deemed likely to expedite an amicable resolution of the case.
7. G. Confidentiality: The settlement judge, all counsel and parties, and any other persons attending the settlement conference shall treat as confidential all written and oral communications made in connection with or during any settlement conference. Neither the settlement conference statements nor communications during the conference with the settlement judge may be used by any party in the trial of the case. The settlement judge shall not have any communications regarding the case or the settlement conference with the assigned trial judge other than to advise the trial judge that a settlement was or was not reached.
8. H. Conclusion of the Settlement Conference: At the conclusion of the settlement conference or any continuation thereof, the settlement judge shall advise the Court Administrator whether or not the case settled. If the parties reach a settlement agreement, the settlement judge shall have the authority to approve a Joint Petition, Form 14 Order, or Order of Dismissal, or enter such further order within its jurisdiction as may be necessary to effectuate the agreement of the parties.

Adopted by order of the Supreme Court, 2002 OK 6 , eff. March 1, 2001.