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Chapter I - Subchapter C

§ 1-31 Settlement Conferences.

Conference participants not to be called as witness about Statements made at Settlement Conferences

Application to call adversary’s former attorney to testify at trial about statements made during settlement conference was denied. Opinions stated by the attorney during a settlement conference are not relevant or admissible at trial. Comm’n on Human Rights v. Vudu Lounge, OATH Index No. 233/12 (Dec. 16, 2011), adopted, Comm’n Dec. & Order (Mar. 22, 2012).

A motion to call an administrative law judge as a witness with regard to the authenticity of a document that respondent provided to petitioner during a settlement conference was denied. Under this rule, conference judges cannot be directed to testify about representations made during private conference. Dep't of Buildings v. Goldberg, OATH Index No. 652/03, mem. dec. (Jan. 9, 2003).

Duty to Participate in Good Faith

Petitioner failed to demonstrate that it met the requirements under OATH's rules to participate in the settlement conference process in good faith where prior precedent suggested that penalties far more minimal than what petitioner offered would be appropriate in the circumstances, assuming the charge was proved. Application to restore case to trial calendar was granted where no benefit could come from delaying trial any further. Fire Dep't v. O'Brien, OATH Index No. 1308/98, mem. dec. (June 16, 1998).