- 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.
 Find out more
 Related articles on Designing Buildings Wiki
Featured articles and news
The built environment can unlock opportunities for skills.
Additionality is a concept applied to activities and projects.
Some HPL cladding is very unlikely to adequately resist the spread of fire.
What a chartered architectural technologist does.
Building design and construction fees.
The world heritage list has evolved to embrace built, cultural and natural heritage.
The Ocean Cleanup project
The various types of bond and when they are used.
It's vital the industry responds to proposals for reform of the safety regulatory system.
RSHP's Merano wins RIBA accolade.
How to differentiate between partial possession and early use.
Ofwat proposes £12 billion additional investment and £50 bill reductions.