Court settlement process
The court settlement process is a from of alternative dispute resolution.
It is a private process that is a combination of early neutral evaluation and mediation. It was first proposed in 2005 by HHJ Toulmin CMG QC and introduced by the Technology and Construction Court (TCC) on a trial basis in 2006. It was described as “a confidential, voluntary and non-binding dispute resolution process”. It is similar to the ICE conciliation process and to Dispute Review Boards.
The court settlement process is intended for use in situations where, following a request from the parties, a case managing judge feels that the parties should be able to achieve an amicable settlement. In such circumstances, the case managing judge would then be at liberty to offer a court settlement process to the parties and, if accepted by all relevant parties to the case, that judge or another TCC judge would make a court settlement order embodying the parties’ agreement and fixing a date for a court settlement conference, with an estimated duration proportionate to the issues in the case (usually no longer than a day). The judge would then conduct the court settlement process.
If successful, the parties sign a settlement agreement. If a settlement is not reached, then the case would proceed with another case management judge, with the judge who had conducted the court settlement process (the settlement judge) taking no further part in the litigation.
The idea has met with mixed response.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
HBPT and BEAMS Jubilees. Book review.
Does the first Labour budget deliver for the built environment?
What does the UK Budget mean for electrical contractors?
Mixed response as business pays, are there silver linings?
A brownfield housing boost for Liverpool
A 56 million investment from Homes England now approved.
Fostering a future-ready workforce through collaboration
Collaborative Futures: Competence, Capability and Capacity, published and available for download.
Considerate Constructors Scheme acquires Building A Safer Future
Acquisition defines a new era for safety in construction.
AT Awards evening 2024; the winners and finalists
Recognising professionals with outstanding achievements.
Reactions to the Autumn Budget announcement
And key elements of the quoted budget to rebuild Britain.
Chancellor of the Exchequer delivers Budget
Repairing, fixing, rebuilding, protecting and strengthening.
Expectation management in building design
Interest, management, occupant satisfaction and the performance gap.
Connecting conservation research and practice with IHBC
State of the art heritage research & practice and guidance.
Innovative Silica Safety Toolkit
Receives funding boost in memory of construction visionary.
Gentle density and the current context of planning changes
How should designers deliver it now as it appears in NPPF.
Sustainable Futures. Redefining Retrofit for Net Zero Living
More speakers confirmed for BSRIA Briefing 2024.
Making the most of urban land: Brownfield Passports
Policy paper in brief with industry responses welcomed.
The boundaries and networks of the Magonsæte.