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Andrea Tokaji

WHAT IS CONCILIATION

Conciliation is an Alternative Dispute Resolution process where an independent third party, the conciliator, helps people in a dispute to identify the disputed issues, develop options, consider alternatives with the goal of reaching an agreement by the parties.

However, an agreement is not a guaranteed outcome of Conciliation.  


A Conciliator often has 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.


As a qualified and experienced Lawyer in government, for the United Nations, in commercial and corporate business consulting, as a former Therapist, and a Nationally accredited Mediator and Conciliator, I offer unique skills to my clients.

DEFINING CONCILIATION


Conciliation may be voluntary, court ordered or required as part of a contract. It is often part of a court or government agency process.


Conciliation is an informal, flexible approach to resolving complaints.


Matters can be settled by a telephone negotiation, a Zoom Conference between or a face to face conciliation conference between the parties.


Conciliation is an informal, quick, and cost effective way to resolve a complaint.

  • Conciliation gives the complainant and the respondent the opportunity to talk about the issues in the complaint and try to resolve the matter outside of the court.


  • Conciliation is not like a court hearing. The Conciliator does not decide who is right or wrong or how the complaint should be resolved. 


The Conciliator's role is to help parties to reach an agreement.


  • In some cases, complaints can be resolved through an exchange of letters and conversations with the conciliator.


In a Conciliation Conference, parties do not have to prove or disprove the complaint. Conciliation allows people to state their point of view, discuss the issues in dispute and settle the matter on their own terms.


The Conciliator may assist parties write up a conciliation agreement.


Agreements can include an apology, reinstatement, compensation settlements, changes to a policy, amendments to contacts or project outcomes as some examples.


THE CONCILIATOR


After talking with the complainant and respondent, the conciliator decides how conciliation will take place and who will participate.

  • The conciliator is not an advocate for either the complainant or the respondent.

  • The conciliator's role is to help ensure conciliation is as fair as possible for everyone involved.

  • While the conciliator does not tell either side what they should do, the conciliator can provide information about how other complaints have been resolved, or help the complainant and respondent think about ways to resolve the complaint.


The role of conciliators is similar to that of mediators except that the conciliator may also:

  • have specialist knowledge and give you some expert information

  • suggest or give you and the other participants expert advice on the possible options for sorting out the issues in your dispute

  • actively encourage you and the other participants to reach an agreement.


The conciliator will not:

  • take sides or make decisions

  • tell you what decision to make, although they may make suggestions

  • decide who is right or wrong

  • provide counselling.


The parties' lawyers can be present during conciliation if requested.


In some cases, experts may also be present.


THE PROCESS

  • The conciliator will meet with the parties separately before the conference begins.


  • This is a confidential and private session and will not be shared in the Conciliation.


  • The complainant and respondent will then meet together with the conciliator.


  • The conciliator will give both sides the opportunity to talk about the complaint and how they see things.


  • After this meeting, the conciliator will help you talk about ways the complaint may be resolved.


  • At any time during the process you can ask for a break or some private time to discuss things with the conciliator or with your advocate or support person.


How are complaints resolved?

Complaints may be resolved on the basis of:

  • an apology or a statement of regret;

  • an agreement to introduce policies to prevent the same occurring;

  • an agreement to provide training;

  • amendments to contract terms;

  • changes to project outcomes;

  • reinstatement to a job or an offer of employment; and/or

  • financial compensation for monetary loss or injury to feelings.


What happens when a complaint is resolved?

If a complainant and respondent can agree on a way to resolve the complaint, this is usually written up in a ‘Conciliation Agreement’, which can be prepared by the conciliator.


The parties can decide whether the terms of agreement are to be kept confidential or not.


PREPARING FOR CONCILIAITON


Provide all relevant documents to your Conciliator in relation to the matter.

Ensure you take the tie to provide all of your relevant information at the pre-Conciliation meeting. Make sure that you commit to the date and time for the conciliation process.


Make sure you understand how the law may apply to the complaint and what might happen if the complaint can’t be resolved. Think about what you want to say about the complaint.


It is important that you are prepared to listen to the other side and treat everyone in a respectful way. It is also important to remember that while both sides may see things differently, this doesn’t mean that the complaint can’t be resolved.


Think about how you would like the complaint to be resolved and be prepared to explain why you think this is fair. Try to have a number of different options in mind. Also, think about how far you may be willing to compromise to resolve the complaint.

IS CONCILIATION CONFIDENTIAL?

The law says that if a complaint is not resolved and proceeds to court, anything a person says or does in conciliation cannot be used in the court proceedings. The only exception to this is that the court can consider information about offers to resolve the complaint that have been rejected, when decided whether to award costs.


Whether you are a business owner, an employer, or employee, you work in Governemnt or an international organisation, contact Andrea Consults for assistance with Conciliation Services here:





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