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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
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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!