Parties present their case to the settlement master who evaluates the strengths and weaknesses of each party's case and assists in settlement negotiations. A settlement master may provide an opinion regarding a possible settlement.

Areas in which settlement conferences are widely used include personal injury, business, commercial, real estate, and employment.

Rapid resolution
Often attorneys or retired judges settle cases



Costs are usually shared between the parties.



Experts may present at the Settlement Conference or their reports may be presented by the parties.
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Facilitation is impartial meeting design and management which helps a group work effectively on their substantive issues and goals. Like mediation, facilitation is a structured process guided by a neutral third party (facilitator) who manages how the group works together (process) rather than what is done (content). Unlike mediation, facilitation may or may not involve conflict.

Key concepts: Facilitation commonly addresses who needs to be involved; the design, flow and sequence of tasks; communication patterns; group energy and momentum; effectiveness; completeness; appropriate participation; group ownership; use of resources; creativity; and the physical and psychological environment.

Facilitation engages group members in dialogue. Responsibility for substantive outcomes is shared by the members of the group, not the facilitator, and group members do the work--planning, problem solving, goal setting, decision making, etc. The facilitator uses skills and techniques to help group members do their best thinking and minimize problems that people often have working together.

Facilitation allows everyone involved to participate fully in the group process. Group leaders, for example, are free to participate rather than having to lead or conduct the meeting. A neutral third party facilitator is more likely to keep their "cool" and remain effectively involved when emotional issues or conflict arises.

Facilitation helps groups
Use time efficiently and work together effectively
Stay focused and on task
Improve the way they communicate, examine and solve problems, and make decisions
Establish ground rules and structure processes to minimize conflict and
Maximize effectiveness
Solve problems before they become crises
Hear minority points of view
Minimize disruptions or interruptions of assertive participants

The organization or group which hires a facilitator generally pays for the service. Some groups ask their members, if each comes from a different organization, to share in the costs of facilitation.

Facilitation can help to clarify a group's need for specialized expertise and information and then incorporate the new input to meet the group's goals.

The objectives of mediation and facilitation differ. The objective of mediation is to help parties negotiate a settlement to a particular conflict. The objective of facilitation is to help a group effectively address agreed-upon issues, solve problems and accomplish goals or objectives. Dealing with conflict can be a significant part of facilitation but it is not generally the primary focus of it.

Mediators are often called to intervene in a conflict when the parties are unable to resolve it themselves. Facilitators are sometimes called to help groups settle conflicts, but they are often contacted before an impasse occurs. An example is when a group realizes that none of its members have the skills to manage what they know will be a difficult conversation.

Mediators and facilitators both influence how people work with one another. However, mediators generally exercise more control of the process than do facilitators. Mediators may determine who should speak first, who is in the room and who is not, etc. Facilitators, as a general rule, jointly control the process with their client.
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