| Commentary

84.4 Authority to settle

| Commentary

84.4 Authority to settle

Ideally, the representatives of each party should have full authority to reach a settlement. The following factors may also need to be considered:

  1. 84.4.1

        Where the parties are insured, the insurer’s consent may be required for the settlement. If so, the insurer could be asked to attend the mediation; failing this, the lines of settlement authority should be cleared with the insurer in advance.

  2. 84.4.2

        Where a party is one of a group of companies, the authority to settle must be obtained on behalf of all those companies likely to be involved in the settlement

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