Uniform Civil Procedure Rules 1999

At any time after a notice of intention to defend and defence is filed in a proceeding started by claim, the court may direct that a conference (settlement conference) be held.

A settlement conference may consider the following matters—

the possibility of settling the proceeding at the settlement conference without a hearing or by referring it to mediation;

the simplification of the issues;

the use of the simplified procedures;

the possibility of obtaining admissions that may facilitate the hearing or reduce costs;

for proceedings other than minor debt claims—the necessity or desirability of further pleadings or amendments to the existing pleadings;

the amount of damages;

the possible length of any trial;

the burden of costs a party may have to bear;

anything else that may help dispose of the proceeding.

The court may direct that—

the settlement conference be held at the date, time and place stated in the direction; and

all parties attend personally with their counsel or solicitor or, for a corporation, a person with authority to compromise the claim for the corporation.

However, if, in the court’s opinion, personal attendance with counsel or solicitor would cause unreasonable hardship, inconvenience or excessive cost to a party, the court must not direct the personal appearance of a party with counsel or solicitor.

If the court acts on its own initiative, the court must give the parties at least 2 business days notice of the date, time and place of the settlement conference.

At a settlement conference, each party must—

be sufficiently aware of the party’s case so as to be able to answer any question that may be asked about the claim or defence; and

be in a position to make and respond properly to an offer of settlement.

Also, each party’s counsel or solicitor must—

be sufficiently aware of his or her client’s case so as to be able to answer any question that may be asked about the claim or defence; and

be in a position to make and respond properly to an offer of settlement.

The court may adjourn a proceeding listed for hearing so a settlement conference may be held.