Preparing for consiliation:
This section is aimed at representatives of the body corporate or owners of a
property (members of a body corporate) preparing for the first phase of the two
phase arbitration process (conciliation).
In preparation it is important to note the following:
- Equillore encourages parties to submit a Statement of Case before the
conciliation meeting takes place. The Statement of Case can include
documents, contracts or court pleadings. A Statement of Case assists the
mediator in preparing for the meeting.
- Equillore will ensure that Statements of Case and filed documents are
exchanged between parties and the mediator, so that all parties and the
mediator are fully informed.
The early exchange of information will assist in settlement. The mediator
is likely to be interested in knowing the following:
- How did the dispute arise?
- Who are the relevant parties to the dispute?
- What are the key factual and legal issues?
- What are the important points of agreement and disagreement?
- Without reciting every action, what has occurred in the legal proceedings?
- Have the parties held any direct negotiations? If so, what was the last
offer on each side and who made the last concession?
- What, in your opinion, has made it difficult to settle the dispute through
direct bargaining? Are there non-legal concerns in the case?
- Is there any possibility of settlement without any monetary payment?
- Does either side need more information to negotiate productively?
- What documents should the mediator review in advance? If the documents are
lengthy, what parts are most relevant to your arguments?
- Are the parties authorised to agree to a settlement? If the party is a
tenant, he must be authorised by the owner to make a decision on behalf of
- When it comes to the exchange of information it is important to ask
yourself two questions:
- What information will be needed to make a good settlement decision?
- What information will persuade my opponent to agree to the terms I
Once the Statement of Case and other documents are submitted, it will be
distributed to all other parties, including the mediator, by the Case Management