ACAT Civil Dispute Settlement — How to Settle Before or During a Hearing

Most ACAT civil disputes settle before a final hearing. The tribunal actively encourages it — under Practice Note 2 of 2024, the Directions Hearing pathway can refer a matter to alternative dispute resolution before a final hearing. Knowing how settlement works and when to propose it can save months and significant stress.

Settlement at the Preliminary Conference

After responses are filed, ACAT lists a Directions Hearing where the presiding Member or Registrar assesses whether the matter is suitable for a preliminary conference, an evaluation, or immediate determination. At the conference, a neutral facilitator helps both parties identify the core issues and explore whether an agreement is possible.

Everything said during the conference is confidential under section 35 of the ACAT Act and cannot be used as evidence at a later hearing. This confidentiality allows both sides to make concessions and explore compromises without fear that their offers will be held against them.

The Conflict Resolution Service (CRS)

Before or alongside tribunal proceedings, parties can use the Conflict Resolution Service (CRS) at (02) 6162 4050. CRS is Canberra's primary community dispute resolution body, operating independently of ACAT. It offers free or subsidised mediation for low-income earners and provides a structured environment for negotiating disputes that may be too personal or emotional for a formal tribunal setting.

CRS mediation is not a substitute for the ACAT process — it runs in parallel. If CRS mediation succeeds, the parties can formalise the outcome through a consent order lodged with ACAT or simply discontinue the proceedings. If it fails, the ACAT listing continues unchanged.

Private Negotiation and Direct Settlement

Nothing prevents you from contacting the applicant directly (or through representatives) to negotiate a settlement at any stage. The key points to cover in any direct negotiation:

• The specific dollar amount or action that resolves the dispute
• Payment terms (lump sum, instalment plan with amounts and dates)
• Whether each party bears their own costs
• A timeline for compliance

Put any agreement in writing. To formalise an agreement in the ACAT proceeding, lodge the agreed terms or a draft Consent Order with the tribunal.

Formalising Through Consent Orders

Once the parties agree on terms — whether through the preliminary conference, CRS, or private negotiation — the agreement must be formalised to be enforceable. Both parties sign a written terms of settlement and lodge it with ACAT. The tribunal then issues binding Consent Orders under section 55A of the ACAT Act.

Consent Orders carry the same enforcement weight as a contested judgment. If the other party breaches them, you can register the orders with the ACT Magistrates Court for enforcement.

The applicant can also discontinue proceedings by lodging a formal notice of discontinuance if the matter is resolved without needing tribunal orders.

The ACT ACAT Response Guide includes a settlement planning section and a consent order checklist for formalising agreements.

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