Va. Sup. Ct. R. 5A:37

(a) Settlement Conference. — Upon motion or sua sponte, this Court may order

counsel, an d clients in appropriate cases, to participate in a settlement conference. An

informal motion requesting a settlement conference may be filed at any time while the

matter is on appeal and should state briefly why a settlement conference would be useful.

The motion must state whether all parties concur. If a party objects, that party must file

within 7 days a short response explaining the grounds for the objection. All motions and

responses may be in letter format addressed to the clerk of this Court. If this Court orders

a settlement conf erence, it will ordinarily be held by telephone conference call and, in the

discretion of the settlement judge, may be held in person at a convenient location.

(b) Settlement Judge. — A senior or retired appellate jud ge will conduct all settlement

conferen ces at no cost to the litigants.

(c) Excluded Cases. — No settlement conference will be conducted in appeals of

criminal judgments or orders terminating parental rights or in any case arising under this

Court’s original jurisdiction.

(d) Conferences. — Prior to participating in a settlement confer ence, all counsel must

consult with their respective clients about settlement options and ask for express authority

to settle within any parameters acceptable to the client. The settlement judge may conduct

more than one conference if, in his discretion, he deems it advisable. During a

conference, the settlement judge may consult ex parte with counsel, or with counsel and

that counsel’s client, but must not consult ex parte with any r epresented client without

counse l’s agreement.

(e) Conferen ce Orders. — A settlement conference, if ordered in a case, will not

automatically affect any time deadline otherwise applicable. The settlement judge,

however, may direct the clerk of this Court t o enter orders tolling any non-mandatory

time deadline befo re or after the deadline has passed. If any party advises the settlement

judge that all or part of an appeal has been settled, the settlement judge will direct the

parties to prepare and sign a settlement agreement setting forth all agreed-upon terms.

Upon receiving a copy of the settlement agreement, the settlement judge must thereafter

direct the clerk of this Court to enter an order dismissing with prejudice all or part of the

appeal subject to the agreement.

(f) Confidentiality. — The provisions of the settlement agreement will not be

considered confidential except to the extent the agreement specifically requires it. No

confidentiality provision, however, will prejudice any party’s ability to se ek judicial

enforcement of a set tlement agreement. In any case in which a settlement conference

does not result in a settlement agreement, no statement made during a settlement

conference or in motions requesting a settlement conference or responses to suc h motions

may be disclosed by th e settlement judge, the parties, or counsel to any (i) appellate judge

who may be called upon to decide the merits of the appeal or any related appeal, or (ii)

lower court judge who may be called upon to decide the merits of the case if remanded or

the merits of any related case.

(g) Cross-Appeals and Related Appeals. — Appeals and cross-appeals will ordinarily

be addressed in a single settlement conference. At the discretion of the settlement judge,

related appeals may be c onsolidated for settlement conference purposes.