Conciliation may be provided by the courts or other organisations besides the courts.
You should consider the following factors before the conciliation session:
Before attending conciliation, you should:
If you are representing an organisation or company, ensure that you have the full authority to negotiate and decide the outcome. If you have to consult someone during the session, ensure that you are able to contact the person via phone.
On the day of your conciliation session, you should:
You can expect the following stages at your CDRC conciliation session.
The lawyers will brief the judge about the facts of the dispute and issues to be discussed.
You and the other party do not need to be present.
(If at least one party is not represented, the judge may not call for this preliminary meeting.)
The judge will introduce you to the process and ground rules. You and the other party will have a chance to speak about the dispute. The judge will facilitate the discussion and guide you to possible solutions.
If necessary, the judge may hold separate meetings with either you or the other party. You can raise your concerns with the judge and the judge may provide suggestions for a possible settlement.
You may have several of such meetings.
You and the other party will meet the judge to review, confirm and record the terms and conditions of the settlement.
If any party fails to comply with the terms of the settlement agreement, the other may enforce it as a court order. There is no need for another hearing before a judge.
The judge may recommend other dispute resolution options or direct both parties to take steps to proceed to a trial.
The judge who may have conducted your conciliation will not be the judge conducting the trial. The information discussed during the conciliation process will remain confidential and will not be revealed to the trial judge.
Ensure that both you and your client (if the client's attendance is required) set aside sufficient time for the conciliation session.
If the client is representing an organisation or company, ensure that they have been given the authority to settle the case. If your client has to consult someone, ensure that they are able to contact the person via phone during the session.