13.4   Conduct of conciliation conferences

(1)  Conciliation is to be attempted by means of a conciliation conference conducted after reasonable notice to the parties.

(2)  A conciliation conference is to be conducted by means of a structured process in which the Commission endeavours to assist the parties:

(a)  to communicate effectively with each other, and

(b)  to reach agreement on the issues in dispute.

(3)  Subject to subrule (4), the following provisions apply to the conduct of a conciliation conference:

(a)  each party may be represented, but only by a person who is fully conversant with the matter and has full authority in relation to the settlement of the matter,

(b)  each party must attend the conciliation with information as to:

(i)  the costs incurred by the party to date, and

(ii)  an estimate of the number of hearing days that would be involved, and of the costs that the party would incur, if the matter were to proceed to a hearing,

(c)  a party who believes that there is a matter of fact or law:

(i)  that has not already been identified in the pleadings, and

(ii)  that would require determination if the matter were to proceed to a hearing,

      must document the matter, and file and serve a copy of the relevant documentation, not less than 7 days before the date fixed for conference,

(d)  a party who contends that any term of a written contract is in issue must file and serve a copy of the contract, together with a brief summary as to the nature of the issue, not less than 7 days before the date fixed for the conference,

(e)  the applicant must file and serve a statement as to mitigation of damage or loss not less than 7 days before the date fixed for the conference,

(f)  during the week prior to the conference, the parties must consult with each other for the purpose of clearly identifying all issues and matters in dispute.

(4)  The provisions of subrule (3) may be varied or replaced by practice notes issued under section 15 of the Civil Procedure Act 2005.