As an alternative to Mediation, Ansr. also delivers Conciliation Services where the need arises.
The fundamental difference between Mediation and Conciliation is that a Conciliator may perform an advisory role when called upon by parties to do so.
Although the Conciliator will not determine the dispute in favour of one party or another, he or she may advise on:
- the strengths and weaknesses of any disputed facts;
- the merit of any legal arguments presented by or on behalf of the parties;
- potential outcomes if the dispute were to become the subject of legal action; and
- the suitability and enforceability of any proposed settlement terms (including by suggesting potential terms of settlement, if necessary).
The Ansr. Conciliation Service is delivered as an extension of the Mediation process described elsewhere on this site (see the Ansr. Mediation Service page) where parties to a dispute wish for the independent and impartial facilitator to express their expert view on such matters.
Importantly, these views will only be expressed by the Conciliator in private and confidential sessions with parties and their trusted advisors so as to allow those parties to reflect on their respective positions before engaging or re-engaging in the dispute resolution process of their choice.
The Conciliator will not deliver advice or express opinions on disputed matters in joint sessions as this can undermine confidence in the independence and impartiality of the Conciliator, and the process as a whole.
As one of only a handful of legal practitioners in South Australia delivering services in this area with both a current practicing certificate and national mediator accreditation, and drawing on his experience as a commercial litigator for the best part of 20 years, Ansr. principal Stephen Dickinson is well equipped to perform this dual role with the balance and skill that it requires.
