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Judicial Settlement conference Civil Procedure

Success! The court agreed to conduct a Judicial Settlement Conference in a civil matter despite reluctance by the oppositions lawyer. We requested this because our client was a young Australian uni student who wanted to proceed with her matter and try to resolve the dispute before going to trial. She did not have funds for paid mediation. Costs are generally split equally between the parties in mediation. We suggested that a judicial Settlement Conference is appropriate because it is a process similar to mediation and is free. The court registrar found in our favour due to the relationship at stake and the significant difference in the financial circumstances between the parties. 

"judicial resolution conference" has the same meaning as it has in the Civil Procedure Act 2010 ;"appropriate dispute resolution" means a process attended, or participated in, by a party for the purposes of negotiating a settlement of the civil proceeding or resolving or narrowing the issues in dispute, including, but not limited to— 

        (a)     mediation, whether or not referred to a mediator in accordance with rules of court; etc in relation to the County Court, a resolution process presided over by a judge, an associate judge or, in accordance with the rules of court, a judicial registrar for the purposes of negotiating a settlement of a dispute including, but not limited to— 

in relation to the County Court, a resolution process presided over by a judge, an associate judge or, in accordance with the rules of court, a judicial registrar for the purposes of negotiating a settlement of a dispute including, but not limited to— 

  1. mediation, whether or not referred to that person in accordance with the rules of court;
  2. early neutral evaluation;
  3. settlement conference;
  4. conciliation;

Sources: 

http://www.austlii.edu.au/au/legis/vic/num_act/clarca200950o2009626/s7.html

http://www.austlii.edu.au/au/legis/vic/consol_act/cca1958185/s3.html - "judicial resolution conference" has the same meaning as it has in the Civil Procedure Act 2010 ;

http://www.austlii.edu.au/au/legis/vic/consol_act/cpa2010167/s3.html

http://www.austlii.edu.au/au/legis/vic/consol_act/cpa2010167/s3.html

 S. 3 def. of appropriate dispute resolution amended by No. 1/2011 s. 4(1). 

"appropriate dispute resolution" means a process attended, or participated in, by a party for the purposes of negotiating a settlement of the civil proceeding or resolving or narrowing the issues in dispute, including, but not limited to— 

  1. mediation, whether or not referred to a mediator in accordance with rules of court; 
  2. early neutral evaluation;
  3. judicial resolution conference;
  4. settlement conference;
  5. reference of a question, a civil proceeding or part of a civil proceeding to a special referee;
  6. expert determination;
  7. conciliation;
  8. arbitration;

judicial resolution conference" means— 

    (b)     in relation to the County Court, a resolution process presided over by a judge, an associate judge or, in accordance with the rules of court, a judicial registrar for the purposes of negotiating a settlement of a dispute including, but not limited to— 

  1. mediation, whether or not referred to that person in accordance with the rules of court; 
  2. early neutral evaluation;
  3. settlement conference;
  4. conciliation;

Dinesh Weerakkody is the Principal Legal practitioner at D LEGAL Barristers & Solicitors
For further advice and consultations please contact us via http://www.dlegal.com.au/contact-us.html

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