Ten top tips for conciliation
Consumer and Commercial Division
When you attend NCAT's Consumer and Commercial Division for a hearing, you may be asked to attempt conciliation before the hearing can take place.
These 10 top tips can help you prepare for and get the most out of the conciliation process.
1. Think about what you want
Think carefully about your issues and the outcome you want to achieve. Write a summary of these issues.
2. Work out how you will negotiate
Be open-minded and flexible. Think about the other person's issues and how they will respond to your views. Negotiation may involve some compromise to reach a solution you both find acceptable.
3. Tell your side of the story
Briefly explain your side of the story and show your evidence to the other person. Explain how you would like to resolve the dispute. Focus on solutions. Try not to argue about who's right or wrong, or why.
4. Listen to the other person
Listen carefully to the other person and look at their evidence. You might want to take notes. Allow them to talk and don't interrupt. Try to consider their point of view, even if you don't agree.
5. Focus on the issues, not the emotions
Stay focused on the issues, not on your emotions or the behaviour of the other person.
6. Start negotiating
Start coming up with possible solutions. Make offers and counter-offers. A successful conciliation happens when both parties agree on a solution.
7. Only agree to what you think is acceptable
Be sure you only agree to an outcome you find acceptable. Keep in mind there has to be some give and take by both parties when coming to an agreement.
8. Ask for help if you're having problems
If you're having problems, ask the Conciliator, Tribunal Member or a Registry officer for help. If you feel threatened by the other person, let the Conciliator or security officer know immediately.
9. If you reach an agreement
Write down your agreement on the form provided. If a Conciliator is available they can help you write it down. Before your agreement is made into a legally binding order, you will be asked if you understand the agreement, and confirm you made it voluntarily.
10. If you don't reach an agreement
If you can't reach agreement, the hearing will go ahead on the same day or at a later date. Think about whether your issues are important enough to come back on another day which may increase the time, cost and inconvenience to you.