What Is Meet and Confer?

"Meet and confer" refers to a procedural requirement in many legal systems where parties in a dispute must come together to discuss and attempt to resolve their issues before seeking a resolution from the court.

This obligation is often found in the context of pre-trial procedures, especially in civil litigation, where parties are encouraged to communicate directly to clarify issues, discuss the scope of discovery, and possibly settle disputes without the need for judicial intervention.

The goal of meet and confer sessions is to promote efficiency, reduce litigation costs, and alleviate court caseloads by encouraging settlement or, at the very least, narrowing down the issues in dispute.

Meet and Confer Explained

During a meet and confer, parties, often through their legal representatives, discuss matters such as discovery deadlines, the relevance of requested documents, objections to certain requests, and other procedural or substantive issues related to their case.

This process is designed to be collaborative, with an emphasis on open communication and flexibility.

If the parties reach an agreement on some or all of the issues, they can formalize this agreement in a written stipulation. If disagreements remain, the parties may need to present these unresolved issues to the court for a decision.

The Term Meet and Confer in Different Legal Contexts

While the concept of meet and confer is most commonly associated with the discovery phase of litigation, it can also apply in other legal contexts, such as contract negotiation, dispute mediation, or compliance with regulatory requirements.

The specific obligations and procedures for meet and confer sessions can vary significantly by jurisdiction and the nature of the legal matter.

Common Misconceptions About the Meaning of Meet and Confer

A common misconception is that meet and confer sessions are merely formalities that do not impact the course of litigation.

In reality, these meetings can play a crucial role in resolving disputes efficiently, saving both parties time and resources.

They also provide an opportunity for legal counsel to demonstrate professionalism and negotiate in good faith, potentially influencing the overall dynamics and resolution of the case.

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