Court Settlement Process

The court settlement process represents a form of alternative dispute resolution.

It is a confidential and private procedure blending early neutral evaluation and mediation. Initially proposed in 2005 by HHJ Toulmin CMG QC, it was piloted by the Technology and Construction Court (TCC) in 2006. Defined as “a confidential, voluntary, and non-binding dispute resolution process,” it shares similarities with the ICE conciliation process and Dispute Review Boards.

Designed for situations where parties, upon the recommendation of a case-managing judge, seek an amicable resolution, the court settlement process can be initiated. Upon the case-managing judge’s discretion, the process may be offered to parties. If all relevant parties consent, a court settlement order, capturing the parties’ agreement and scheduling a court settlement conference, is issued by the judge or another TCC judge. The duration of the conference typically aligns with the complexity of the case, usually not exceeding a day. The court settlement process is then overseen by the judge.

If successful, the parties formalise their agreement by signing a settlement agreement. In cases where a settlement is elusive, the litigation resumes under a different case management judge, with the settlement judge abstaining from further involvement in the proceedings.