Dispute Resolution
Independent conciliation combining facilitative and evaluative approaches to assist parties in reaching practical resolution of construction and commercial disputes.
Conciliation Services
Conciliation is a dispute resolution process in which an independent conciliator assists the parties in reaching a mutually acceptable resolution. Unlike mediation, where the neutral typically adopts a facilitative approach, the conciliator may adopt a more evaluative role, providing opinions on the merits of each party's position and proposing terms of settlement. This makes conciliation particularly suited to construction disputes where technical or legal complexity benefits from an informed, expert assessment.
Informed & Evaluative Resolution
Conciliation offers the flexibility of negotiated settlement combined with the benefit of independent expert assessment. The conciliator's ability to express views on the merits assists parties in evaluating the strengths and weaknesses of their positions.
Conciliation Process
Conciliation provides a structured approach to dispute resolution that combines the flexibility of negotiation with the expertise of an informed, independent evaluator. The conciliator guides parties towards practical solutions whilst offering informed assessment of their respective positions.
The conciliator may provide an informed assessment of the parties' positions, assisting them in understanding the merits and likely outcomes.
Whilst providing evaluative input, the conciliator also facilitates negotiation and assists the parties in identifying practical solutions.
Conciliators with substantial experience in construction and infrastructure bring technical understanding to the assessment of disputed issues.
All conciliation proceedings are conducted in confidence and without prejudice to the parties' positions in any subsequent proceedings.
Conciliation Framework
Conciliation may be conducted under various frameworks and offers flexibility suited to different dispute contexts. Whether conducted through statutory provisions or by agreement, conciliation provides a practical pathway to resolution that draws upon both facilitative and evaluative expertise.
Whilst mediation and conciliation share similarities, conciliation affords the neutral a more active role in assessing the merits and proposing settlement terms, which can be particularly beneficial where parties require independent guidance.
Conciliation may be conducted under various statutory frameworks across Australian jurisdictions and internationally, or by agreement of the parties under institutional or ad hoc procedures.
Conciliation is well suited to disputes between parties who wish to preserve their commercial relationship, enabling resolution through collaboration rather than adversarial determination.
