Description of a Judge’s Job, Final Part 3
This is the final video of the 29 CFR 102.35 – Duties and powers of the corporate ATTORNEY JUDGE.
In (13)(B)(1) The settlement judge shall convene and preside over conferences and settlement negotiations between the parties, assess the practicalities of a potential settlement, and report to the chief or associate the status of settlement negotiations, recommending continuation or termination of the settlement negotiations. Where feasible settlement conferences shall be held in person.
(2) The settlement judge may require that the attorney or other representatives for each party be present at settlement conferences and that the parties or agents with full settlement authority also be present or available by telephone.
(3) The participation of the settlement judge shall terminate upon the order of the chief or associates issued after consultation with the settlement judge. The conduct of settlement negotiations shall not unduly delay the hearing.
(4) All discussions between the parties and the settlement judge shall be confidential. Either party may have a Court Reporter for official transcripts of the hearing. The settlement judge shall not discuss any aspect of the case with the trial judge, and no evidence regarding statements, conduct, offers of settlement, and concessions of the parties made in proceedings before the settlement judge shall be admissible in any proceeding before the Board, except by stipulation of the parties. Documents disclosed in the settlement process may not be used in litigation unless voluntarily produced or obtained pursuant to subpoena.
(5) No decision of a chief or associate concerning the assignment of a settlement judge or the termination of a settlement judge’s assignment shall be appealable to the Board.
(6) Any settlement reached under the auspices of a settlement judge shall be subject to approval in accordance with the provisions of § 101.9 of the Board’s Statements of Procedure.
[61 FR 6941, Feb. 23, 1996, as amended at 62 FR 1668, Jan. 13, 1997; 67 FR 656, Jan. 7, 2002; 69 FR 1677, Jan. 12, 2004]
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