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.

Find solutions

  • 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.