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Conciliation

When you come to the CTTT you may be asked to resolve your dispute by conciliation.  Conciliation is a voluntary process where parties negotiate and attempt to settle the dispute themselves. 

All parties are encouraged to reach agreement through conciliation before their hearing can take place.

What happens in conciliation?

Conciliation is a confidential alternative dispute resolution process which brings the parties together to talk about their dispute and reach an agreement.

The parties are usually directed to a room or area outside the hearing room where they discuss the issues is dispute, show each other their evidence, try to understand and respect each other's different points of view, negotiate differences and discuss possible solutions.

If an agreement is reached during conciliation, the parties write it down on the form provided.  If a Conciliator is available they will help the parties come to an agreement.  The agreement is then made into a legally binding 'consent order' by a Tribunal Member.

Conciliators

Conciliators are provided at major CTTT hearing venues to assist parties to come to an agreement.  Conciliators attend to a number of parties at the same time and may not be able to stay in the room during the entire conciliation process.  In regional areas, the Tribunal Member may act as both Conciliator and Member with the consent of the parties.

Note:  A Conciliator is not an advisor and will not make decisions for you.

Learn more about Tribunal Conciliators.

Advantages of conciliation

Conciliation is the preferred method for resolving disputes.  It allows the parties to have control over the outcome of their dispute. Conciliation is also more likely to result in a satisfactory outcome.  Conciliation creates an opportunity for you to:

  • tell your side of the story in a free and open discussion
  • listen and get a better understanding of the other party's issues
  • resolve the dispute mutually and quickly on the day
  • find a solution that makes sense to both of you.

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Ten top tips for conciliation

The following tips can help you prepare for conciliation and get the most out of the process:

  1. Think about what you want: Think carefully about the outcome you want to achieve.  Write a summary of these.
  2. Work out how you will negotiate:  Be open-minded and flexible.  Think about the other person's issues and how they will respond to your views.  Negotiation may involve some compromise to reach a solution you both find acceptable.
  3. Tell your side of the story:  Briefly explain your side of the story and show your evidence to the other person.  Explain how you would like to resolve the dispute.  Focus on solutions.  Try not to argue who's right or wrong, or why.
  4. Listen to the other person:  Listen carefully to the other person and look at their evidence.  You might want to take notes.  Allow them to talk and do not interrupt.  Try to consider their point of view, even if you do not agree.
  5. Focus on the issues, not the emotions:  Stay focussed on the issues, not on your emotions or the behaviour of the other person.
  6. Start negotiating:  Start coming up with possible solutions.  Make offers and counter-offers.  A successful conciliation happens when both parties agree on a solution.
  7. Only agree to what you think is acceptable:  Be sure you only agree to an outcome you find acceptable.  Keep in mind there has to be some give and take by both parties when coming to an agreement.
  8. Ask for help if you are having problems:  If you are having problems, ask the Conciliator, Tribunal Member or a CTTT Registry officer for help.  If you feel threatened by the other person, let the Conciliator or security officer know immediately.
  9. If you reach an agreement:  Write down your agreement on the form provided.  If a Conciliator is available they can help you write it down.  Before your agreement is made into a legally binding order you will be asked if you understand the agreement and confirm you made it voluntarily.
  10. If you don't reach an agreement:  If you cannot reach agreement, the hearing will go ahead on the same day or at a later date.  Think about whether your issues are important enough to come back on another day which may increase the time, cost and inconvenience to you.

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Conciliation checklist


  Be prepared to negotiate. 
  Make a list of possible solutions. 
  Try to understand and respect each other's point of view. 
  Only agree to what you think is fair. 

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