34Conciliation conferences

34 Conciliation conferences

34 Conciliation conferences

(1) If proceedings are pending in Class 1, 2 or 3 of the Court’s jurisdiction, the Court—

(a) may arrange a conciliation conference between the parties or their representatives, with or without their consent, and

(b) if it does so, must notify the parties or their representatives of the time and place fixed for the conference.

(1A) It is the duty of each party to proceedings where a conciliation conference has been arranged under subsection (1) to participate, in good faith, in the conciliation conference.

(2) A conciliation conference is to be presided over by a single Commissioner.

(3) If, either at or after a conciliation conference, agreement is reached between the parties or their representatives as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions), the Commissioner—

(a) must dispose of the proceedings in accordance with the decision, and

(b) must set out in writing the terms of the decision.

(4) If no such agreement is reached, the Commissioner must terminate the conciliation conference and—

(a) unless the parties consent under paragraph (b), must make a written report to the Court—

(i) stating that no such agreement has been reached and that the conciliation conference has been terminated, and

(ii) setting out what in the Commissioner’s view are the issues in dispute between the parties, or

(b) if the parties consent to the Commissioner disposing of the proceedings, must dispose of the proceedings—

(i) following a hearing, whether held forthwith or later, or

(ii) with the consent of the parties, on the basis of what has occurred at the conciliation conference.

(5) The Commissioner, when giving his or her decision under subsection (4)(b), is to give reasons for the decision—

(a) in writing, or