Settlement Conference - Steps
Preparation: Before the settlement conference
- The FPSLREB sets the date for the settlement conference and sends a Notice of Settlement Conference to the parties along with the relevant documentation.
- The parties review the documentation relating to the process, fill out the Settlement Conference Brief and send it to the Board.
- The Board member assigned to preside will call the representative of each party a few days before the settlement conference to discuss their Brief including options.
- All participants - parties and representatives - sign and send to the Board the Settlement Conference Terms and Conditions Agreement.
At the settlement conference
Establish the process
- Review the process and ground rules.
- Confirm authority to settle and the confidentiality of the settlement conference process.
Identify issues of fact and law
- Examine the positions of the parties.
- Clarify the issues of fact and law to be discussed.
- Identify the legislation, policies, directives, case law etc. referred to by the parties.
- Explore expectations and priorities.
- Brainstorm creatively to come up with several possible options.
- Assess options to identify acceptable solutions
- Evaluate the factual and legal basis on which the parties rely and identify the strengths and weaknesses of each point of view (caucus).
Reach a settlement
- Ensure that the settlement is achievable and sustainable.
- Identify procedural steps to implement the settlement.
- Formalize the settlement by drafting and signing terms of settlement, and withdrawing the complaint.