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Conciliation is an ADR process where an independent third party, the conciliator, helps people in a dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement.
A conciliator may have professional expertise in the subject matter in dispute and will generally provide advice about the issues and options for resolution. However, a conciliator will not make a judgment or decision about the dispute.
Conciliation may be voluntary, court ordered or required as part of a contract. It is often part of a court or government agency process.
The role of conciliators is similar to that of mediators except that the conciliator may also:
The conciliator will not:
Conciliation is usually held face to face, so that you can talk to each other directly. However, you may also have separate sessions with the conciliator.
Sometimes the conciliator can act as a 'messenger' by talking to you and the other participants separately and communicating ideas or proposals between you. It is also possible to hold conciliation sessions by telephone in some circumstances.
Conciliation is likely to be suitable if you:
The participants' lawyers can usually be present during conciliation. In some cases, experts may also be present. Some conciliation processes do not require lawyers to participate. If you wish to have your lawyer participate in a conciliation process or have experts attend, you should discuss this with the conciliator before the process begins.
08 May 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.