Legal Question in Civil Litigation in California

The judge essentially helps the parties to try to settle their case, so that there is no trial.

The process is informal, so there is no court reporter. Nothing said can be used in the litigation. The judge can handle this however he or she wants, but often meets first with one side and then the other. While the judge meets with one party, the other party is in the hallway or nearby office. Many judges are quite forceful in pointing out the weaknesses in your case, in essence trying to give you a realistic view of the possibility of losing. Don't worry -- he or she is doing that to the other side as well. If a deal is reached, the basic terms may be noted on the record, so that it can be enforced.

Note also that if you agree to a deal, you can't change your mind after the conference. You must honor whatever you agreed to. Thus, it is very important to figure out the basic contours of what you will accept before starting the conference.

It really depends on the judge.