38A.8 Preparation for judicial settlement conference
For effectively promoting settlement, the legal practitioners for the parties must be prepared, at a case management conference or pre-trial review or at any other appropriate stage of the proceedings as directed by a judge or master and in keeping with any Practice Direction made applicable to this Part, to deal with the following matters —
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(a) what information should be exchanged prior to a settlement conference;
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(b) who should be at the settlement conference;
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(c) what is the best time in advance of the trial to hold a settlement conference;
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(d) what is the estimated time required for the settlement conference;
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(e) whether there is a need for any special aids for the settlement conference, e.g. technological equipment such as video links for parties overseas etc.;
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(f) who has the burden of proof on specific issues– is there a need to reverse the normal order for the exchange of memoranda for the settlement conference; and
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(g) if mediation is the preferred option for resolution of the dispute, then who is the suggested mediator, what time constraints are involved in setting up the mediation and what review date should follow the proposed mediation as far as the court is concerned and otherwise the most appropriate course to be adopted in accordance with the Mediation Practice Direction.