Procedure at conciliation conference
7.07 Procedure at conciliation conference
A conciliation officer:
(a) must preside at a conciliation conference and promote agreement between the parties; and
may adjourn a conciliation conference.
The parties attending a conciliation conference must:
(a) be fully conversant with the issues of fact and law, options for settlement and advice from counsel (if obtained); and
be prepared to settle the proceeding.
(3) If the proceeding is not settled and the conciliation officer is not an officer of the Court, he or she must:
adjourn the conciliation conference; and
(b) notify the Court as soon as practicable that the parties did not reach an agreement.
(4) If the proceeding is not settled and the conciliation officer is an officer of the Court, the conciliation officer must:
adjourn the conciliation conference;
list the proceeding for a further directions conference;
proceed immediately to a further directions conference; or
make the orders he or she considers appropriate.
(5) If the Court receives notification under subrule (3)(b), the Court must make the orders it considers appropriate.
(6) If the parties reach agreement, whether in settlement of the proceeding or in relation to particular issues in the proceeding, the conciliation officer must record the agreement in a memorandum that is to be signed by all the parties to the agreement and:
(a) if the conciliation officer is not an officer of the Court – provide the Court with the memorandum of agreement as soon as practicable so that the Court may make appropriate orders; and
(b) if the conciliation officer is an officer of the Court – make the appropriate orders.
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