What Are Mediations and Settlement Conferences in Las Vegas Personal Injury Court Cases?

Mediations and settlement conferences are one of the most useful tools in your injury attorney’s tool belt to settle Las Vegas litigation cases. Both are ways to settle your case and avoid trial. In Las Vegas personal injury cases, a mediation is meeting, with an experienced personal injury attorney and/or former judge, to possibly settle your case.  All of the parties and their attorneys will be present during the mediation.  


Prior to the mediation, each parties’ attorney will submit confidential mediation briefs, discussing the case and providing all necessary supporting documentation. The mediator will have received and reviewed these briefs prior to the date and time set for the mediation. This way, the mediator will have a thorough understanding of your case, before you even walk into the door to meet the mediator. During the mediation, the mediator will meet with each side privately in an attempt to bring the parties together for a successful resolution of the case. This process may take hours as the mediation goes back and forth between each party. If the mediator is successful and the parties have reached a settlement agreement, then the parties will put their agreement in writing. At the end of a positive mediation, each side will have avoided a costly and uncertain outcome at trial.

There are a few differences between mediations and settlement conferences in Las Vegas injury cases. Settlement conferences are just like mediations, expect for a few key differences. In a settlement conference, a current judge, sitting in Clark County’s District Court, acts as the “mediator”. However, they are called a “settlement conference judge” instead of a mediator. The title is different, but the role is the same. Additionally, since judges are paid by our tax dollars, the judge acts as the mediator without additional payment from the parties.

In settlement conferences, the judge who is acting as the “settlement conference judge”, is NOT the judge who would hear your case, if your case proceeded to trial. The settlement conference (aka mediation) is conducted by different trial court judge, randomly assigned by the courts, based upon availability. 

A “settlement conference judge” is therefore a current sitting trial court judge, while a mediator is private attorney or former judge, who devotes much of their time in their role as mediators. Depending on the complexity of the case, the parties may agree to hire a private mediator. A private mediator may have more time to review a very complex case. Additionally, in a settlement conference, the parties generally cannot choose which trial court judge will actually mediate their case. As such, sometimes the parties want to know ahead of time, who their mediator will be in their case. Whether you have a mediator or a “settlement conference judge” to facilitate settling your case, this decision is made on the specific facts of your case. You can discuss this choice with your experienced injury attorney. 

Next time, we will discuss Arbitration Selection Lists in Smaller Las Vegas Personal Injury actions.