Why would I choose conciliation?
Conciliation is a facilitative dispute resolution process in which the disputing parties are brought together and, with the assistance [of] the conciliator, have discussions with the conciliator jointly or separately about key issues for the purpose of resolving their dispute. The process is conducted under and in accordance with legislation or other binding rule which places obligations on conciliators and the disputing parties to comply with the norms and standards required by that context. Conciliations are non-determinative. If the process does not achieve resolution, the matter typically proceeds to a determinative process, either that legislated or governed by other binding rule. Conciliators may use their specialist knowledge and experience to evaluate each disputing party’s position, to express their own opinions, to offer advice, and to identify and clarify issues with a view to assisting the disputing parties to resolve their dispute. (Conciliation: Connecting the dots, Conciliation Report ADRAC 2021)
Choose conciliation when you want to consider all the disputed issues, develop options to resolve each issue and receive expert advice or legal information