Settlement Conferences

SETTLEMENT CONFERENCES

A Settlement Conference is a meeting of the parties, together with the appeal or case manager (or a member of the Board), who will facilitate discussion and attempt to resolve the issues in the appeal.  The discussions are confidential and without prejudice to the positions the parties may wish to take in a hearing, if settlement is not reached. 

The Board has a duty to ensure that any settlement results in an accurate assessment.  For that reason, a Settlement Conference is not equivalent to mediation between parties in a private dispute.  The appeal or case manager conducting the Settlement Conference will take an active role in the discussions and may offer non-binding opinions on any issue or give an opinion on the likelihood of success should the appeal proceed to a hearing. The appeal or case manager may request to caucus at any time during the Settlement Conference with one or more of the parties, or at the request of the parties themselves.  

The appeal or case manager may require the parties to do some preparation, which could include:

• Submitting to each other and the Board, in advance, a statement of their position on the appeal, issues and a summary of the evidence that they expect to use if the appeal proceeds to a hearing; 
• Bringing to the Settlement Conference any market or other evidence that they expect to use to support their position if the appeal proceeds to a hearing; 
• Coming prepared to discuss their positions and describe what evidence they would expect to produce if the appeal proceeds to a hearing; or
• Meeting any other requirements, the Board deems suitable for the appeal, including submission of expert reports.

A Settlement Conference will be held in-person, by telephone, or video conference call.  The Board will return to the parties all documents produced for the Settlement Conference, unless the parties and the Board determine they should become part of the Board’s appeal file.

If a resolution is reached as a result of the Settlement Conference, it will be treated like a recommendation or withdrawal and must be approved by the Board.  Once approved, the Board will prepare an order incorporating the terms of the settlement and the parties will not have to attend a hearing.  

If a settlement is not reached, an Appeal Management Conference may be held to determine the next steps or the appeal may be scheduled directly for a hearing.  The appeal or case manager (or Board member) that presided over the Settlement Conference will not be part of the hearing panel, unless the parties consent.
 

January 2021