(1) The court must hold a settlement
conference in private and for the purpose may be constituted by a magistrate
or registrar.
(2) The court may—
(a) adjourn the settlement conference; or
(b) direct that a further settlement conference be held before the court as
constituted or before the court constituted by someone else mentioned in
subrule (1) ; or
(c) make the suggestions the court considers appropriate to
help in promptly disposing of the proceeding; or
(d) make any orders
necessary to give effect to a memorandum signed by parties under this rule; or
(e) give a party the directions the court considers appropriate.
(3) The
court must record on the file any formal orders made by the court at a
settlement conference, but must not keep a record of anything discussed at the
conference.
(4) At a settlement conference, any 2 or more parties or their
counsel or solicitor may sign a memorandum of the results of the conference
including any admissions made by the parties.
(5) The memorandum must be
attached to the file in the way the court directs at the settlement
conference.
(6) Unless the court otherwise orders, the costs of a settlement conference
are costs in the proceeding and may be assessed by the court constituted for
the conference, the court hearing the proceeding, or assessed under these
rules.
Note—
The Civil Proceedings Act 2011, section 36, protects the
confidentiality of things said and done, and documents tendered at a
settlement conference unless all the parties agree or the evidence is a
resolution agreement.
