CONCILIATION

WHEN SHOULD CONCILIATION BE CONSIDERED?

  o    The dispute is related to a technical (expert opinion or evidence) and/or legal issues

  o    Where the dispute is preferred to be resolved in tribunals or by an ombudsman or a commission which enforces various governing statutory provisions

     Examples: 

     Financial Ombudsman Service (FOS):

      If the client has an issue relating to a financial institution and they are not satisfied with the financial institution's internal dispute resolution results (each financial institution must have an internal dispute resolution process pursuant to s 912A of the Corporations Act 2001), then you may proceed to the FOS scheme. Here a FOS conciliator will act as a neutral third party and assist your client to find a resolution to the dispute with the involved financial institution. (Click here for a FOS guide)

      Consumer Trader and Tenancy Tribunal (CTTT): 

     This process should be used if your client is either a consumer, trader or is involved in a dispute relating to residential property.  If your client is involved in any of the following types of disputes, then use the conciliation process through the CTTT:

           ·       Residential tenancies:  Disputes between tenants and landlords such as rental bond, repairs, rent arrears and termination of a tenancy.

           ·       Social housing:  Disputes between tenants and landlords relating to social housing tenancies.

           ·       Residential building work:  Disputes between home owners, tradespeople and insurers about residential building work.

            ·       Purchase and supply of goods and services

            ·       Motor vehicle repairs and sales:  Claims about motor vehicles purchased from a motor dealer or claims about repairs.

            ·       Retirement villages:  Disputes between retirement village residents and operators.

            ·       Strata and community schemes:  Disputes about strata scheme and community scheme living.

            ·       Commercial disputes 

     For more info click here: http://www.cttt.nsw.gov.au/Resources/Guide_to_the_CTTT/About_the_CTTT.html

    ADVANTAGES

   o  Quick settlement

   o  Informal

   o   Cost effective

   o  Conciliator usually has professional or technical qualification plus experience in that subject area therefore consistent and fair resolutions can be reached

   o  Conciliator facilitates and plays an advisory role and can accomodate for any power imbalances that are evidence in the DR process

   o   Open communication

   DISADVANTAGES

    X  Conciliation can occur over telephone conferencing which may hinder the very essence of open communication which is fundamental to the effectiveness of the DR process

   X  Based on legal criteria as the negotiation beween the parties is guided by the rules or laws in that area

       This is in contrast with other DR processes such as negotiation, mediation and collaborative law which are focused more on interests as such parties may be left unsatisfied. 

   X  Often not voluntary as the client may have to respond to a lodgement of a claim against them   

  COSTS

 o    Low

      REMEDIES

o  Wide range of remedies that can be customised to meet the individual needs

o  Can provide a range of remedies s traditionally offered by the courts (i.e. CTTT can issue a specific performance order or order for possession of premises which are binding and can be legally enforceable)

      GOVERNING BODIES: 

      Click here for negotiation, mediation , collaborative law, arbitration and litigation