by Attorney Eric D. PuryearCourts in Iowa (almost) always require either Mediation or a Settlement Conference take place in custody or divorce cases before there can be a trial. Many courts require this even before there can be a hearing on temporary matters such a visitation, although that varies widely. Settlement conferences and mediation are two different approaches that courts can use to try and help the parties resolve some or all issues in their cases.
Settlement Conference:
A Settlement Conference is a time when a judge will speak with the parties and their attorneys to try and help the parties resolve some or all of the issues in the case. Each judge may take a slightly different approach to how they conduct Settlement Conferences, but in general they will hear from each side as to their wishes for the case, share their opinions about how the court might view that request, and try to convince each side to come closer to the middle and settle the case. The parties are free to speak openly, as the judge who handles the Settlement Conference will not be the same judge who presides at the trial.
Mediation:
Mediation differs from a Settlement Conference in that a mediator, rather than a current judge of the court, leads the process. The mediator is a person with special training, often an attorney or retired judge. The key difference from a Settlement Conference is that the mediator is not a judge who currently works at the court where the case takes place. The same ideas about hearing from each side and trying to bring the parties closer together applies.
Most of Iowa uses the Mediation approach. However, several Iowa counties such as Scott, Clinton, Muscatine, Jones, and Jackson are part of the 7th Judicial District and employ the Settlement Conference approach.
It is important to remember that the advice received from judge or mediator who leads the settlement conference or mediation should be given just the right amount of weight. The judge or mediator is certainly a neutral and experienced professional whose opinions are worth listening to. At the same time, the judge or mediator doesn’t know the facts as well as an attorney who has been working on the case for months. The judge or mediator also has the goal of trying to make settlement happen, which means they may be inclined to encourage settlement even when it is contrary to the best interests of a party. Missing out on a good settlement is unwise, but so is settling on unfavorable terms. For that reason, it’s wise to listen to the judge or mediator, but also work closely with one’s own attorney to consider how best to proceed.