A private and confidential meeting between the parties (complainant and respondent) which:
Conciliation provides the complainant and respondent with the opportunity to resolve a complaint while retaining control of the process and outcome. Conciliation provides an opportunity to:
Fairness—each party has equal time and opportunity to put their side of the story
Courtesy—participants must treat one another with respect and dignity
Constructiveness—parties are expected to be constructive and not obstructive
Confidentiality—what is said is not for discussion outside the conciliation conference
Generally the conciliation is conducted in the Conference Room at the Office of the Anti-Discrimination Commissioner (OADC) in Hobart. However, if the parties live in another location outside of Hobart, the conciliation may be held in Launceston or Devonport, for example. In certain circumstances a telephone conference may be arranged.
A conciliation conference is held in private. Anything said, written or done in the conciliation conference is confidential and not to be taken into account in any subsequent proceeding held in relation to a complaint. It is important that the parties feel comfortable to discuss issues, or put forward settlement proposals, in a confidential environment.
Complainants are asked to prepare a settlement proposal to the Office of the Anti-Discrimination Commissioner at least 14 days prior to the conference.
Upon receipt of the settlement proposal, a copy of the same shall be forwarded to the respondent/s for consideration.
Both parties should think carefully and creatively about what they think is a fair and reasonable outcome.
A settlement proposal is generally guided by the circumstances surrounding the complaint. For example if the complaint was work-related the complainant may wish to seek a written apology or reference from his/her employer or an agreement that the employer undertake anti-discrimination training for managers/supervisors and staff. Please refer to Conciliated Outcomes page for examples of successful conciliations and settlements.
If the parties reach an agreement in a conciliation conference the terms of the agreement are formally recorded.
Each party signs the agreement.
The OADC provides a signed copy to each party.
The OADC retains the original agreement.
An agreement is enforceable as if it were an order made by the Tribunal.
If someone doesn’t abide by the agreement, the agreement can be registered in the Supreme Court and enforced as if it is an order of the Supreme Court.
A Conciliation Conferences is a free service provided by the Office of the Anti-Discrimination Commissioner, however all parties must pay their own travel and meal costs, etc and any legal costs if they are represented.
If the Conciliation conference does not resolve the issues the complaint is referred to the Anti-Discrimination Tribunal for Inquiry.
For further information about being Represented or Accompanied at a Conciliation Conference go to the Representation page.
