Harriett E. Cummings, Esq., in her article entitled “The Role and Need for Settlement Judges in Appellate Cases” published in the Nevada Lawyer Magazine, explains that the Nevada Supreme Court Settlement Judges “aren’t traditional judges, because they do not decide the outcome of the matter on appeal. Rather, they assist the parties in communicating their positions and interests to each other, in order to promote understanding, reconciliation and a mutually acceptable solution to their dispute. Mediation provides the parties an opportunity to resolve their case themselves, guided by the settlement judge’s expertise in the mediation process.”
Cummings highlighted examples of how the program has settled over 50% of all matters referred to the program, a total of almost 5,000 cases that otherwise would have had to be decided by the Nevada Supreme Court. One settlement judge commented the position “is one of the most rewarding aspects of my law practice. It is gratifying to step out of my usual role of advocate, to act as a quasi-judicial mediator — helping parties revisit their interests and positions in the litigation where one side has lost (and appealed) and one side has won. I enjoy the challenge of helping parties and their counsel see the benefit of creating a resolution to their dispute, and agree to a settlement, and thereby avoid the time and expense of the appellate process and further litigation. I like to think it’s a win-win for all involved: for the parties and for the courts.”