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Chapter II - Subchapter E

§ 2-51 Applicability

This subchapter applies solely to cases brought by the New York City Department of Correction. Chapter 1 also applies to such proceedings, except to the extent that it is inconsistent with this subchapter.

§ 2-52 Pre-Conference and Pre-Trial Settlement Negotiations.

(a) The parties must meet and confer prior to a settlement conference and prior to a trial, for the purpose of sharing and discussing settlement offers.

(b) Each party must participate in good faith. Good faith participation shall be deemed to include the prompt exchange, pre-negotiation, of information and documents relevant to the claim in order to allow each party to prepare for the negotiation adequately. Each party must have present or readily accessible during these meetings an individual possessing the authority to settle the matter. All settlement offers made during this meet-and-confer period are confidential and inadmissible at the trial of any case.

(c) If the parties reach a settlement agreement, they must notify OATH immediately and promptly send the settlement agreement to OATH. If the parties do not reach a settlement, a settlement conference before the assigned administrative law judge will proceed as scheduled, and they must provide a pre-conference letter to the administrative law judge, pursuant to 48 RCNY 1-31(a), or an equivalent pre-trial letter, at least twenty-four hours prior to appearing at the settlement conference or trial, respectively.