INVOLVING THE COURT IN SETTLEMENT DISCUSSIONS
You or your attorney should ask the judge assigned to the case to set a mandatory settlement conference in the courtroom assigned or before another judge. Judicial assistance is very important in trying to achieve an expeditious written settlement.
Having a Mandatory Settlement Conference with a judge in the courthouse can also be a positive action to shift some leverage back to the landlord. The tenant will not want to listen to the landlord’s attorney, but the tenant may listen carefully to everything a judge says, including the suggestion of important settlement terms.
THE PSYCHOLOGY OF SETTLEMENT IN AN UNLAWFUL DETAINER ACTION
It takes both sides to agree in writing to a settlement. In unlawful detainer cases, landlords always want to settle cases as soon as possible. Settlement provides certainty on the issue of possession and saves legal fees. Tenant defendants are usually not in a settlement mindset early in the case, and likely have access to paralegals, attorneys, legal aid and public interest law firms for guidance. During an unlawful detainer action, settlement
dynamics are often influenced by timing, leverage, and procedural strategy. Because tenants are not paying rent during the pending unlawful detainer action, they may want to slow down a settlement, delay a trial date, or ask for a cash for keys deal. A tenant may also demand a jury trial, and the scheduling of a jury trial can provide them with procedural and calendar leverage that may influence settlement discussions.
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