What is a conciliation conference?

A conciliation conference is a conference conducted by a Commissioner who can help the parties to resolve their employment dispute. The purpose of the conciliation is to explore whether an agreement can be reached between the parties, not to decide who is right or wrong.

Conciliation conferences are private, confidential and are conducted on a 'without prejudice' basis. This means that what is discussed at a conciliation conference cannot be repeated outside the conciliation conference or used against a party later, except in some limited circumstances required by law. This allows the parties to explore possible settlement options without fear of the other side using any offers or concessions made at the conference as an admission to various aspects of a claim.

The conference is not recorded, and no transcript is produced. Any visual or audio recording is strictly prohibited.

Conciliation can occur over one or more conferences on one or more dates.

An agreement may be reached during or after the conference, the parties have control over the outcome before the matter reaches the hearing stage. In contrast, if the matter goes to hearing, the Commission will decide the outcome of the matter.

For more information please read the Commission’s conciliation conference fact sheet by clicking here.

Possible outcomes of conciliation

• Agreement may be reached during or after the conference. If the parties do reach an agreement, it is common to put the agreement in writing. Usually, the claim is then discontinued or withdrawn.
• If agreement is not reached, the Commission may hold further conferences depending on the circumstances, or list the matter for hearing.