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This guide provides an overview of conciliation conferences led by independent FOS conciliators. It explains how parties involved in disputes come together to determine outcomes in a confidential, voluntary teleconference setting. Highlighting the benefits of conciliation, such as high resolution rates and tailored outcomes, it also addresses common concerns about complexity and conflict. The document offers tips for maximizing the conciliation process, including proper preparation, having the right participants, and effectively communicating views.
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Let’s Talk About It: Conciliation Conferences Amie Cousins – June 2011
How Does It Work? • Independent FOS Conciliator convenes the conversation • Parties determine the outcome • Issues are identified and discussed • Information is provided about the FOS process, other outcomes, relevant industry practice and law, but no decision is made • Confidential • Teleconference • Voluntary in some areas, required in others
Why Conciliate? • High resolution rate • Higher satisfaction for both parties • Tailored outcomes • Cheaper/faster • Opportunity to reality test • Chance to explain your view • Opportunity for compromise/creative solutions • Minimise time spent on submissions • Worst case scenario – two hours spent
But What About… • It’s too complex • There are too many issues • The claim amount’s too high • The dispute has no merit • We’ve already put our position to them • The parties are too far apart
Is It Effective? • Time period: March 2010 – March 2011 • Some disputes remain in negotiation, rates may rise
Identifying Suitable Disputes • Negotiations have broken down • Longstanding or continuing relationship • Grey areas around outcome • Information not available or not supplied • Service issues are involved • A quick settlement is required/advantageous • An explanation may help • Difficult to understand other party’s point of view
Getting The Most Out Of Conciliation • Review the material in advance • Have authority (or access if necessary) • Have the right people in the room (authority, expertise, approach) • Consider how you might put your view (even if you’re not making an offer) in a way that will resonate • Set aside the time you need • If you have questions or need material in advance, ask!