ADR and Industry Resolution Schemes: The Issue of Conciliator Accreditation

Many large Australian businesses rely on industry dispute resolution schemes to address conflict relating to the provision of services, such as financial complaints and telecommunications disputes. Some of these schemes provide conciliation as part of an attempt to bring about consensual agreement between the complainant and industry member. Many tribunals also offer conciliation, such as the Fair Work Commission. Conciliation is part of the practice of alternative dispute resolution and draws on many of the premises of the field in a manner similar to mediation. However, whereas a voluntary system of accreditation is available to mediators which provides for training, standards and ethics, there is no similar Australian system for conciliators. Recently, a report by the Australian Dispute Resolution Advisory Council, drawing on surveys of organizations offering conciliation and focus groups with conciliators, indicates that an accreditation system for conciliators could be valuable. A 2022 report commissioned by the Mediator Standards Board suggests that conciliators could join the mediation accreditation system. This article argues that the practice of conciliation, particularly in industry dispute resolution schemes, is too distinct from the practice of mediation to allow for one unified accreditation system. Although there are similarities between the two processes, particularly where evaluative mediation is practiced, the nature of conciliation where practice is generally directive, according to legislation or agreed industry schemes, means that conciliators require their own training, standards and ethics.