Conciliation Services

 

What is conciliation?

Conciliation is a confidential process in which the parties to a dispute, with the assistance of a neutral third party (the conciliator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement about their dispute.

The conciliator cannot impose any decision upon the parties. However, through their facilitation and technical skills the mediator is able to assist the parties explore the issues in depth and reach the best possible joint decisions that the circumstances allow. The conciliator may have an advisory role on the content of the dispute or the outcome of its resolution. The conciliator may advise on or determine the process of conciliation whereby resolution is attempted, and may make suggestions for terms of settlement, give expert advice on likely settlement terms, and may actively encourage the participants to reach an agreement.
Text Box: When should conciliation be considered? Because it is likely to be quicker and more cost-effective than the more formal processes of arbitration or litigation, conciliation should be considered as early as possible after a dispute has arisen. It is particularly appropriate where a dispute involves complex issues and/or multiple parties and there are some relevant provisions (contractual or legislative) governing the relationship between the parties from which the conciliator may draw their advice. Conciliation can be implemented prior to, or in conjunction with, other forms of dispute resolution such as arbitration or court proceedings. While the parties must agree to participate in a conciliation, that can be achieved by way of separate agreement or by a dispute resolution clause existing within a contract between the parties. Where privacy and confidentiality are important, conciliation enables parties to preserve these rights without public disclosure. This often leads to more satisfactory outcomes for both parties. Text Box: Conciliation in Queensland is typically conducted in accordance with the provisions of the Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules or Conciliation Rules Text Box:   Specialising in Commercial, Construction Industry, Body Corporate and Workplace Disputes. While our primary services are Arbitration, Adjudication, Conciliation, Mediation and Negotiation we also offer advice and/or services in: Claim Drafting Contract Drafting Contract Administration Superintendent Duties Claim Analysis Training / Workshops Contract Interpretation Procurement Strategies BCIPA Payment Claims BCIPA Payment Schedules BCIPA Adjudication Applications BCIPA Adjudication Responses BCCMA APPLICATIONS BCCMA RESPONSES BCCMA ADVOCACY

 

For further information or confidential advice please contact our office:

 

(:  (07) 3367 2708     F:  (07) 3367 2569     M:  0400 005192

+: PO Box 552  Ashgrove  Q  4060        E:  enquiries@adrs.com.au

 

Thank you for your custom, we look forward to assisting you further.
Conciliation

Arbitrators, Adjudicators, Conciliators, Mediators, Negotiators

Alternative Dispute Resolution Services Pty Ltd