65Limitations on SCM’s role

#### 65 Limitations on SCM’s role 65 Limitations on SCM’s role > > (1) The SCM does not have any role or functions in respect of apportionment of liability between defendants or any later dispute between the defendants as to apportionment of liability. > > > (2) The role of the SCM does not limit or otherwise interfere with— > > > > > (a) the responsibility of a defendant for preparing and serving the defendant’s reply to the plaintiff’s statement of particulars, or > > > > > (b) the right of a defendant to attend at and be represented at the mediation of a claim, or > > > > > (c) a defendant’s responsibility to comply with a requirement by the mediator that a defendant be represented at mediation by a particular officer of the defendant, or > > > > > (d) a defendant’s responsibility for questioning the plaintiff on issues relevant to contribution (if necessary) at the conclusion of a successful mediation. > > > (3) The role of the SCM concludes— > > > > > (a) if the plaintiff’s claim is settled through mediation or otherwise before mediation of the claim is required to be completed—on final implementation of the settlement or on finalisation of any costs assessment in respect of the settlement, whichever is later, or > > > > > (b) if the plaintiff’s claim is not settled before mediation of the claim is required to be completed—when the parties or the defendants reach agreement on which issues are in dispute between them or conclude their efforts to reach agreement. > > > (4) The parties may agree to the use of an SCM beyond the time when the role of the SCM would otherwise conclude under this clause and any agreement has effect to continue the operation of this Part in respect of the SCM (including clause 66 with respect to the costs of the SCM) in accordance with that agreement.