All about Conciliation Conferences

ALL ABOUT CONCILIATION CONFERENCES

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	Background. What is a conciliation conference? Who can come to the conference? What does the conciliator do? What happens at the conference? How can I prepare for the conference? Checklist

Background

The Anti-Discrimination Commission Queensland helps people to resolve complaints about discrimination, sexual harassment, public vilification and victimisation. This is usually done at a conciliation conference. Complaints that cannot be resolved may go to the Anti-Discrimination Tribunal for a public hearing and decision about whether there has been a breach of the Anti-Discrimination Act 1991 (the Act).

What is a conciliation conference?

The aim of the conference is to allow everyone involved to discuss the complaint and find a way to resolve it.
A conciliation conference is a meeting between the person/s complaining (the complainant/s) and those they are complaining about (the respondent/s). If the respondent was at work when the complaint arose, their employer is usually also a respondent.
A conciliator from our office will set a date for the conference and run the meeting.
You must attend the conciliation conference.
The conference will usually be at our office.
The conference can be with everyone meeting face to face, with the conciliator talking to each party in separate rooms or, if needed, with some or everyone connected by phone.
All discussions at the conference are confidential and private. Even if the complaint goes to a public hearing,the Tribunal cannot be told what was said at the conference.

Who can come to the conference?

The conference is between all parties - the complainant/s and the respondent/s. The conciliator will assist the parties to resolve the complaint.
Please tell us if you want an interpreter.
You can ask to bring a support person to the conference. Your support person can give you moral support but cannot speak at the conference. The support person should be someone who is not involved in the complaint. For example, no witnesses or people who investigated the complaint.
You can ask to bring a solicitor to the conference to give you advice. You will usually still be asked to talk for yourself about what happened.
If a company or organisation is a party, their representative can come to the conference. That representative should have authority to decide how to settle the complaint.

What does the conciliator do?

The conciliator will help all parties discuss the complaint and resolve it but will not decide whether there has been a breach of the Act.
The conciliator can ask questions to gather more information but will not take sides.
The conciliator can tell all parties about the law, point out the strengths and weaknesses of the complaint and response and provide information about the process.
The conciliator can tell all parties about previous cases and what kind of outcomes are likely but will not advise you what to ask for or offer in settlement.

What happens at the conference?

The complainant/s will be asked to talk about what happened and what effect it had on them.
The respondent/s will be asked to talk about what happened, what they did about it and to respond to what the complainant said.
The parties will be asked to talk about how to resolve the complaint.
You can ask the conciliator to stop the conference so you can talk privately with your support person and/or solicitor or just to give you time to think.
The conciliator can talk to each person separately if they think this might help to resolve the complaint.
If the parties agree how to settle the complaint, the conciliator will write up the agreement for everyone to sign and it is then binding.
If the parties cannot agree, the conciliator with tell you about any right you may have to ask to go to the Anti-Discrimination Tribunal and have a public hearing to decide the complaint.

How can I prepare for the conference?

Think carefully about all the points you want to make at the conference. You can make notes and bring them.
Think about what the other party might say and be ready to explain, ask or answer any questions.
Before the conference, collect and give the conciliator any documents (for example, witness statements, diary notes,references) that might help resolve the complaint. The conciliator will pass these on to everyone else.
Think about how you want to resolve the complaint.If you are unsure about what options there are, phone the conciliator well before the conference or get legal advice.

Checklist

Please use the checklist to help prepare for the conference.

TELL the conciliator if you want an interpreter or have other special needs.
ASK the conciliator if you want a support person or solicitor at the conference.
DECIDE the main points you want to make.
CONSIDER the other party's side of the story.
GET legal, financial or other advice, if required.
ACCESS our website to read about what happened in similar cases so you can see what outcome is realistic.
CONSIDER what would resolve the complaint and tell the conciliator.
ARRANGE your time so you are available for the conference for about three hours.
GIVE all important documents to the conciliator.
ASK the conciliator if you have any questions or need more information.

This page is also available in Word format.

This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide.