sec.45Without prejudice conference

sec.45 Without prejudice conference

An ADR registrar or mediator must, if directed by the P&E Court, convene and chair a without prejudice conference for the proceeding. Also, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a without prejudice conference for the proceeding. If a without prejudice conference is convened under subrule (1) or (2) — each active party must attend the conference; and any other person directed by the P&E Court must attend the conference; and any other person may attend the conference if all the active parties to the P&E Court proceeding agree. An expert may attend if all the active parties to the P&E Court proceeding agree. In this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who— is familiar with the substance of the issues in dispute in the proceeding; and is either— authorised by the active party to settle the issues; or if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues. r 45 amd 2019 SL No. 67 s 5 (sec.45-ssec.1) An ADR registrar or mediator must, if directed by the P&E Court, convene and chair a without prejudice conference for the proceeding. (sec.45-ssec.2) Also, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a without prejudice conference for the proceeding. (sec.45-ssec.3) If a without prejudice conference is convened under subrule (1) or (2) — each active party must attend the conference; and any other person directed by the P&E Court must attend the conference; and any other person may attend the conference if all the active parties to the P&E Court proceeding agree. An expert may attend if all the active parties to the P&E Court proceeding agree. (sec.45-ssec.4) In this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who— is familiar with the substance of the issues in dispute in the proceeding; and is either— authorised by the active party to settle the issues; or if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.

• (a) each active party must attend the conference; and
• (b) any other person directed by the P&E Court must attend the conference; and
• (c) any other person may attend the conference if all the active parties to the P&E Court proceeding agree. Example for paragraph (c) — An expert may attend if all the active parties to the P&E Court proceeding agree.
• (a) is familiar with the substance of the issues in dispute in the proceeding; and
• (b) is either— (i) authorised by the active party to settle the issues; or (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.