Step by step guide: Going to conciliation

The Notice of Conciliation and Hearing will have the date, time and place for the conciliation at the NSW Civil and Administrative Tribunal (NCAT).

You and the respondent will need to attend in person on this date, unless NCAT has told you that it will be conducted by telephone.

Appearing in person

Try to get to the NCAT hearing room at least 15 minutes early so you have time to find the right room. 

Often, your first NCAT date will be in a group list. This means one tribunal member deals with several cases in the same room. For example, your case might be listed with other cases at the same time, so you may need to wait while the member handles them one by one.

When you find the right room, go in quietly and sit down. The tribunal member will call your name when it is your turn.

Tip: Turn off your phone or put it on silent before you go into the room.

Appearing by telephone 

If NCAT tells you your case will be dealt with by phone, or if you asked to appear by phone, NCAT will call the phone number you gave them.

Be ready to answer the call at least 30 minutes before the time on your notice.

Try to be somewhere quiet where no one will interrupt you. Keep your papers nearby and make sure your phone is charged if you are using a mobile.

Telephone hearings follow the same format as a hearing in person. The tribunal member will encourage you and the respondent to try and resolve your dispute through conciliation. 

The tribunal member at the front will call your case and ask you to come to the table in front of them.

The member will check whether you and the respondent are both there and whether you have already resolved the dispute.

If you have not solved the dispute, the member will tell you and the respondent to try conciliation. Usually, you will go to another room or area outside the hearing room to try to reach an agreement. If you are appearing by phone, the tribunal member will explain how the conciliation will work. In some NCAT locations, the member may act as both the conciliator and member for both parties, with permission. For more information, see Conciliation on the NCAT website. 

A conciliator may be there to help you and the respondent try and reach an agreement. The role of the conciliator is not to take sides or give an opinion about the matter.  

Here are some tips for conciliation:

• Talk about the main points 
  When it is your turn, talk about the things that matter most. Try not to get distracted by things that are not really part of the dispute. Your application should usually focus on how the respondent did not meet a consumer guarantee.

• Try to stay calm 
  People are more likely to hear and understand you if you stay calm. This can be hard if a lot has happened before you made your NCAT application. If you feel upset or angry, tell the respondent and step outside, or ask the conciliator for a break.

• Be respectful if the other person gets upset 
  Disagreements are hard for everyone. Treat other people the way you would like to be treated.

• Listen carefully 
  Listen to what the respondent says so you can understand their side. Also listen to the conciliator, because they may share helpful information about your case and possible ways to settle it. You might want to take notes.

• Ask questions 
  If you do not understand something, wait until the other person finishes speaking and then ask a question. If you think you might forget your question, write it down.

• Wait for your turn to speak 
  Conciliation may be one of your last chances to talk through the dispute in an open way. It is a good idea to let the respondent finish speaking, then explain what outcome you think is fair.

If you and the respondent agree on how to end the dispute, write the agreement down. You can ask the conciliator to help with this.

When you go back into the room, the tribunal member will ask if you reached an agreement.

If you reached an agreement

If you reach an agreement at conciliation, the tribunal member can turn it into a legally binding consent order. For more information on making sure an NCAT order is followed, see After the hearing at NCAT. 

You usually will not need to go to NCAT again unless there was a work order and the respondent did not follow it. If that happens, you will need to apply for a renewal of proceedings. For more information, see After the hearing at NCAT. 

ALERT: If your matter involves a federal jurisdiction problem, the member will not be able to make the agreement into an order. For more information, see Federal jurisdiction on the NCAT website.

If you did not reach an agreement

If you can’t reach an agreement, the hearing may happen on the same day or on a later date. If the tribunal member postpones the hearing, you will be given directions to send your evidence and written submissions to NCAT and the respondent before the hearing.

It is important to follow those directions. If you do not, your case might be dismissed at the hearing.