Conciliation process

Concerns about discrimination and harassment can be extremely stressful and often seem insurmountable. It is possible, however, with appropriate support to achieve successful outcomes through conciliation.

What is conciliation?

Conciliation is a process in which parties to a dispute, with the assistance of a neutral third party (the conciliator), identify the disputed issues, develop options, consider alternatives and endeavour to reach a resolution by agreement. The process is strictly confidential between the parties. 

Conciliation has been found to be most satisfactory in resolving conflicts and in most cases it has alleviated the need for any formal grievance process.  Conciliation is particularly useful where there is an ongoing working relationship between the parties.  

The role of the Conciliator

The Conciliator is a neutral and independent facilitator, trained in mediation and conciliation, and usually knows very little about the details and circumstances of the conflict before the conciliation conference is held. A conciliator is impartial and non-judgmental, directs and controls the process but not the content of the conciliation. 

The conciliator may have an advisory role with respect to concerns of discrimination and harassment as required by the University's Discrimination and Harassment Grievance Procedures, but not a determinative role. The conciliator will determine the process of conciliation whereby resolution is attempted, and may actively encourage participants to reach an agreement.

What is involved?

Both parties are invited to a meeting, with a support person to accompany them, to discuss the areas of conflict, with the view to reaching agreement about a resolution.

Many people are surprised or even shocked to be invited to participate in conciliation and to discover that the other party has spoken to an Adviser. They may be unaware of the University's policy, processes and procedures and may feel threatened or defensive that an issue has been discussed without their knowledge.  Many people assume that a formal complaint has been made against them.  This is absolutely incorrect. The conciliation process is an informal process and is voluntary for all parties.  It is not an investigation, and is entirely confidential.

It is also important to understand that the process of conciliation in no way resembles a court situation. There are no formal proceedings, no findings of fact, and both parties have an equal opportunity to speak and to offer solutions.  In using this process we hope to find solutions to the conflict, and resolve the matter as quickly as possible.

Advantages of Conciliation

• encourages people to clarify their positions, take responsibility and to behave generously;
• a range of issues can be put on the table to be dealt with, some of which may not have been part of the presenting problem;
• emotional dynamics are acknowledged and dealt with;
• recognises power relationships and the parties' differing approaches to the world;
• future oriented - works towards solutions; encourages people to move ahead;
• parties own the solutions - they are not imposed;
• confidential - the matter is kept contained;
• relatively prompt in contrast to a formal complaint;
• escalation of complaint may be avoided;
• minimal written records;
• no winners and losers, although there may be compromises.