Court Has Inherent Power to Order Client Representative with Settlement Authority to Attend Settlement Conference - Court May Adopt Local Rules to This Effect under Rule 16 - Joseph Hage Aaronson

Commercial Litigation and Arbitration

Commercial Litigation and Arbitration

Court Has Inherent Power to Order Client Representative with Settlement Authority to Attend Settlement Conference — Court May Adopt Local Rules to This Effect under Rule 16

From Certain Underwriters at Lloyd's v. GMC Land Servs., 2007 U.S. Dist. LEXIS 100523 (S.D. Fla. Nov. 5, 2007) (discussing an inherent power other than to sanction):

A court has the inherent power to direct parties to produce individuals with full settlement authority at pretrial settlement conferences. In re Novak, 932 F.2d 1397, 1407 (11th Cir. 1991) ("[t]he power to direct parties to produce individuals with full settlement authority at pretrial settlement conferences is inherent in the district courts."). Pursuant to Rule 16, Fed. R. Civ. P., Local Rule 16.2, S.D. Fla., authorizes the court to refer parties to mediation for the purpose of encouraging settlement and requires that "all parties, corporate representatives, and any other required claims professionals (insurance adjusters, etc.) shall be present at the mediation conference with full authority to negotiate the settlement." Local Rule 16.2 further specifies that "failure to comply with the attendance or settlement authority requirements may subject a party to sanctions by the Court." S.D.Fla.16.2(e).

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