Resolving disputes

Conciliation

Choose conciliation when you want the help of a conciliator who can manage the discussion and provide advice so you can decide the outcome yourselves

Looking for a conciliator?

Search the Resolution Institute dispute resolver directories

As the largest dispute resolution organisation in Australia and New Zealand, Resolution Institute dispute resolver directories let you select a professional conciliator from a wide and diverse pool. You can filter your search by accreditation, additional skills, areas of practice and regions where conciliators work. There is no fee to search the directory.

Go to the New Zealand Dispute Resolver Directory Go to the Australian Dispute Resolver Directory

Let us find a conciliator for you

Through our nomination service, Resolution Institute can find a conciliator for you. We carefully consider the type of dispute, experience and knowledge required, accreditations or qualifications, location and price point to nominate a conciliator to match your dispute. A fee applies to use the nomination service.

Complete the online form to use the Resolution Institute nomination service to appoint a conciliator for you. Then, please submit your payment.

Complete THE ONLINE FORM Submit your payment


Want to insert a conciliation clause into a contract?

When you enter into a contract, make sure you include a dispute resolution clause. Consider referring any dispute that may arise to conciliation, or to a series of dispute resolution types depending on the circumstances and seriousness of the dispute. Ensure that the clause refers to the appropriate Resolution Institute dispute resolution Rules and to Resolution Institute as the nominating body when needed.

Browse OUR CLAUSES


Why choose conciliation?

Choose conciliation when you want to consider all the disputed issues, develop options to resolve each issue and receive expert advice or legal information so that you can decide the outcome yourselves.

Conciliation is an informal, fast and effective process. Choose it for disputes where participants want to make agreements to meet their interests within a specific legal or regulatory framework. Use conciliation to resolve disputes including business, tenancy, health, workplace, compensation, personal injury, industrial and construction.

Depending on the setting, conciliation varies, so it is important to ask questions to find out what to expect. Participants usually meet face-to-face; sometimes, participants will be in separate rooms and a conciliator will pass communications from one to the other. Discussions are usually confidential. Depending on the setting, outcomes may or may not be confidential. Outcomes may be legally binding or there may be an option to make them so.

Conciliation can be voluntary, court ordered or agreed upon in a contract. Conciliation is often part of a court, tribunal or government agency procedure.


What does a Conciliator do?

A conciliator actively encourages participants to reach an agreement that works for all participants.

At the start of conciliation, the conciliator clarifies the process, the confidentiality arrangements and whether or not the decision is or can become legally binding.

A conciliator usually set guidelines or ground-rules to help guide the process, assist the discussion so it is fair and manage the interactions so that they are productive.

A conciliator may provide expert advice or legal information, may offer suggestions for an outcome or express opinions about what could be a reasonable resolution of the dispute. A conciliator does not decide who is right or wrong, take sides, or make a decision about the outcome. It is the participants who decide the outcome.