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The actress claims she was wrongfully dismissed from the show following arguments with its creator, Marc Cherry, but the first trial ended in a hung jury.
The programme's makers, ABC Entertainment and Disney, asked the judge to dismiss the case based on evidence that surfaced during trial earlier this year, but a judge has ruled in favour of a retrial.
Strong position
The new trial is set for September 10, but Los Angeles Superior Court Judge Elizabeth Allen White urged them to end the case privately on Wednesday.
She said: "I very, very strongly urge you to continue settlement discussions."
Nicollette is seeking $5.7m in damages and $35 000 in sanctions from ABC Entertainment for her treatment on the series, which saw her character, Edie Britt, killed off in season five by being electrocuted.
The jury were deadlocked at eight to four in Nicollette's favour during the first trial, which would appear to put her in a strong position to triumph if the case is retried.
Desperate Housewives continues without Nicollette, but show star Eva Longoria, feels the case has put a huge "strain" on its legacy.
She said: "I was surprised that there was even a trial and it went that far. I love Nicollette and I love Marc Cherry, and I love our work environment. It's a stain on our legacy as a hit show. It was just unfortunate, the whole thing."
