The Appellate Division, Third Department has several administrative programs and policies that serve the needs of the public. While each is equally important, the Civil Appeals Settlement Program (CASP) makes the practice of law more efficient and productive for attorneys, their clients, and the court by providing the opportunity to settle disputes in seven different locations.1 Indeed, with the court’s ever-increasing caseload, coupled with a shrinking budget and our current shortfall of judges, CASP’s value to both litigants and the court may be greater now than ever before.
CASP was established 16 years ago by amendment to the Third Department’s Rules of Practice.2 The program settles disputes, in whole or in part, prior to oral argument by bringing attorneys and the parties to a settlement conference. Simply put, intervention by CASP after a notice of appeal has been filed, but before appellate briefs and a record have been prepared and filed, saves litigants time and money, while lessening the caseload burden on both trial and appellate courts. Attorneys who have participated in CASP have indicated that the mere scheduling of a conference may cause them to conduct an honest evaluation of their case while providing them an opportunity to approach their adversary at the direction of CASP, which serves as a neutral catalyst for settlement discussions. One Albany attorney noted that “personal injury cases are great for CASP, especially when the issue is about money.” This attorney also indicated that the “settlement officer makes a huge difference in the outcome of negotiations.”
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