- 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
The Isle of Man’s naturally-occurring materials and distinctive building techniques.
BRE partner with Global GreenTag to develop an Ethical Labour Sourcing Standard for Australia.
The Chartered Quality Institute explain the pathway to success for organisations implementing management systems.
An introductory article looking at where a duty of care can arise in the construction industry.
House of Lords committee encourages the use of off-site manufacturing in new report.
Computational fluid dynamics (CFD) can go some way to show the impact of new buildings on their surroundings.
The shortlist for the 2018 prize for the UK's best new building is revealed.
Amendment to Bill aims to provide councils with greater powers to increase tax premiums on empty homes.
As the latest summer blockbuster 'Skyscraper' is released, we look at some of the best uses of buildings in film.
Read our introductory article on how to layout a building.