- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 11 Apr 2017
Court settlement process
The court settlement process is a from of alternative dispute resolution.
It is a private process that is a combination of early neutral evaluation and mediation. It was first proposed in 2005 by HHJ Toulmin CMG QC and introduced by the Technology and Construction Court (TCC) on a trial basis in 2006. It was described as “a confidential, voluntary and non-binding dispute resolution process”. It is similar to the ICE conciliation process and to Dispute Review Boards.
The court settlement process is intended for use in situations where, following a request from the parties, a case managing judge feels that the parties should be able to achieve an amicable settlement. In such circumstances, the case managing judge would then be at liberty to offer a court settlement process to the parties and, if accepted by all relevant parties to the case, that judge or another TCC judge would make a court settlement order embodying the parties’ agreement and fixing a date for a court settlement conference, with an estimated duration proportionate to the issues in the case (usually no longer than a day). The judge would then conduct the court settlement process.
If successful, the parties sign a settlement agreement. If a settlement is not reached, then the case would proceed with another case management judge, with the judge who had conducted the court settlement process (the settlement judge) taking no further part in the litigation.
The idea has met with mixed response.
 Related articles on Designing Buildings Wiki
Featured articles and news
HAB is a bridge design concept which incorporates an integrated hydraulic system in order to carry more weight.
ICE publish a discussion paper looking at the role of the engineer in creating inclusive cities.
A PQP describes the activities, standards, tools and processes necessary to achieve quality in a project's delivery.
How Lidl has been actively working to reinforce their brand through sustainability.
Association of British Insurers describe full-scale cladding tests as 'utterly inadequate'.
This article examines the changing policy commitments and evolving definitions of the zero carbon home.
Researchers believe they may have created a 'game-changing' new form of concrete using graphene.
Grouting refers to the injection of materials into a soil or rock formation to change its physical characteristics.
Part of Designing Buildings Wiki, BREEAM Wiki will advance knowledge sharing for the BRE family of sustainability tools.
From the decorative to the utilitarian, and from the photographed to the forgotten.
New BRE book considers the progression from project-based knowledge creation to whole-life urban knowledge management.
This CIOB article explores the concept of value in building design and construction.