Frequently asked questions - conciliation
Listed below are a selection of frequently asked questions about the CTTT's conciliation process. This information is provided as a general guide only and should not be treated as legal advice or relied upon as such.
1. Do you have to attend conciliation?
Conciliation is a voluntary process. However the CTTT is required by law to help both parties reach an agreement through conciliation before the hearing can take place.
Top of page2. Who is involved in conciliation?
Generally, the people involved in the dispute are the only people to attend the conciliation session. Other people involved may include an agent, advocate or interpreter. At our larger hearing venues, Conciliators are available to assist with conciliation discussions.
3. Why is the Conciliator not present at all times during the conciliation?
Where Tribunal Conciliators are available, their role is to assist a number of conciliating parties at the same time. It is therefore not possible for the Conciliator to spend all their time in one conciliation session.
Although being asked to sit alone in a room to negotiate with the other party may seem daunting, help is available from a Conciliator or the Tribunal Member if you need it. If at any time you feel threatened by the other party, you should let the Conciliator, Tribunal Member or security officer know.
4. What if you are not happy with the conciliated agreement?
Before a conciliated agreement can be made into a formal Tribunal order, the Tribunal Member is required to ensure that the parties' consent is genuine. The Tribunal Member will ask you to confirm that you freely entered into the agreement and that you understand the effects of the terms of the agreement.
If you are not happy with the conciliated agreement, tell the Tribunal Member that you want to reconsider agreeing to a settlement and indicate that you wish to procced to hearing.
5. Can a consent order be challenged afterwards?
Once a conciliated agreement is ratified by a Tribunal Member it becomes a lawfully binding order. A consent order can only be challenged on very limited grounds.
Make sure you let the Tribunal Member know that you are not ahppy with the conciliated agreement before it is made into a Tribunal order.
6. Can a support person be with you during conciliation?
You will need to have the permission of the other person involved in the dispute for your support person to be with you during the conciliation. If they do not give their permission your support person cannot sit in on your conciliation session.
7. What if you feel threatened by the other person?
Contact the CTTT Registry before the hearing day and arrangements may be made for a special conciliation session. Otherwise tell the Security Officer when you arrive at the hearing venue.
Find out more about security at hearing venues.