Settlement: is the future with the judges?
Tuesday 26 November 2019
There are no unicorns in this talk. In a diverse set of jurisdictions the role of the judge as a conciliator has been established as an integral part of case handling covering thousands of disputes and many millions of pounds.
The talk looked at the mechanisms of conciliation in Financial Dispute Resolution appointments, Employment Tribunals and the DJ CMCs described in the Briggs Report as well as the use in Germany of Conciliation Judges (Güterichter).
The talk considered why the different types of approach are successful in the areas in which they are used and the potential for their use elsewhere whether at Stage 2 of the new Online Court or in IP disputes.
Central to every aspect of these questions is the success of the pragmatic use of Early Neutral Evaluation. The cri de coeur of Mrs Justice Parker in Lomax v Lomax  EWHC 1267 and the attentions of the Civil Procedure Rule Committee – Lacuna Sub Committee show that, at least where there is consent, ENE and an accompanying process of conciliation may be involved wherever the CPR apply and that is anywhere in the civil jurisdiction.
Nicholas's speaking notes are here.