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Conciliation
 

2.2)    Conciliation

(a)Conciliation is a voluntary process and will be conducted only where both the complainants and the respondents agree to conciliation. No legal rights or remedies are forfeited by entering into conciliation. If conciliation fails to reach a settlement, the complainants can continue to enforce their rights.
(b)The CS or a conciliator acceptable to both parties will normally be appointed to conduct the conciliation. If necessary, a staff member with relevant expertise or background in the field of discrimination, harassment or vilification will be invited to join the CS or the conciliator to assist in the conciliation. The conciliation interviews with the complainant and the respondent will be conducted either together or separately.
(c)If a settlement can be reached during the conciliation, the parties may enter into a legally binding agreement to record the terms of settlement. The CS or conciliator will help the parties identify issues, explore possible ways to resolve the dispute, assist the parties in reaching a mutually agreed resolution, and putting an agreement in writing.
(d)The conciliation should normally be completed within 30 working days from the date of the first conciliation meeting. The time limit for conciliation may be extended by the Panel Convenor on reasonable grounds and with the agreement of both parties.
(e)The CS or conciliator will not monitor the performance of the agreement. It is the responsibility of the parties concerned to abide by the agreement. Either party may take action for a breach of the conciliation agreement by the other party.
(f)If either party does not succeed in resolving the situation through conciliation or decides to stop the conciliation, the complainant may pursue the case through formal investigation. The complainant should make a written request for a formal investigation within 30 working days after conciliation has been completed.
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