41A.081 - Settlement conference: Persons required to participate; powers and duties of judge; failure to participate. - Nevada Statutes

41A.081  Settlement conference: Persons required to participate; powers and duties of judge; failure to participate.

      1.  In an action for medical malpractice or dental malpractice, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may be settled by the parties before trial.

      2.  The judge before whom the settlement conference is held:

      (a) May, for good cause shown, waive the attendance of any party.

      (b) Shall decide what information the parties may submit at the settlement conference.

      3.  The judge shall notify the parties of the time and place of the settlement conference.

      4.  The failure of any party, the party’s insurer or the party’s attorney to participate in good faith in the settlement conference is grounds for sanctions, including, without limitation, monetary sanctions, against the party or the party’s attorney, or both. The judges of the district courts shall liberally construe the provisions of this subsection in favor of imposing sanctions in all appropriate situations. It is the intent of the Legislature that the judges of the district courts impose sanctions pursuant to this subsection in all appropriate situations to punish for and deter conduct which is not undertaken in good faith because such conduct overburdens limited judicial resources, hinders the timely resolution of meritorious claims and increases the costs of engaging in business and providing professional services to the public.

      (Added to NRS by 2002 Special Session, 8; A 2003, 3478)