NCAT Conciliation Process: What Happens and How to Prepare

What Conciliation Is

Conciliation is a mandatory dispute resolution step that happens before any contested hearing at NCAT. Every consumer claim goes through it. An accredited NCAT conciliator — or sometimes a tribunal member — facilitates a structured conversation between you and the trader, aimed at reaching a settlement without a formal hearing.

It's informal. There's no sworn evidence, no cross-examination, and no formal rules of procedure. The conciliator's job is to help both sides understand each other's position and explore whether a deal is possible.

Everything said during conciliation is "without prejudice" — meaning none of it can be used as evidence if the matter proceeds to a hearing. You can make offers, float compromises, and discuss your bottom line without worrying that it'll be held against you later.

How the Session Runs

Most NCAT consumer claim conciliations follow this pattern:

1. The conciliator introduces themselves, explains the process, and confirms both parties are present
2. You (the applicant) outline your claim — what happened, what you've already tried, and what outcome you want
3. The respondent gives their side
4. The conciliator may shuttle between parties (in separate rooms or breakout sessions) to explore settlement options
5. If both sides agree, the terms are written up as a Consent Order
6. If agreement isn't reached, the conciliator terminates the session and the matter moves to a hearing

Sessions typically last between one and three hours. Some are conducted in person at an NCAT registry; others run by phone or video link. You'll know the format from your Notice of Conciliation and Hearing.

What to Bring

Even though conciliation is informal, walking in prepared makes a real difference:

• Your evidence folder: contracts, invoices, receipts, photos, expert reports, and your letter of demand with proof of delivery. The conciliator may ask to see specific documents.
• A clear figure: know exactly what you're claiming, how you calculated it, and what statutory remedy you're seeking (refund, repair, replacement, or money payment).
• Your settlement boundaries: decide beforehand what you'd accept to settle. What's your ideal outcome? What's the minimum you'd walk away with? Having these numbers ready prevents you from agreeing to something you'll regret.

If you need a language interpreter or disability support, book it through the NCAT registry before the session — don't assume it'll be available on the day.

Dealing with Pressure During Conciliation

Online forums are full of accounts from consumers who felt pressured during conciliation — particularly when facing experienced trader representatives or large businesses with staff who attend these sessions regularly.

The conciliator is neutral. They aren't there to advocate for either side. But they will sometimes challenge your position or point out weaknesses in your claim, and that can feel adversarial when you're not expecting it.

A few things to keep in mind:

• You're not obligated to accept any offer. If the proposed settlement doesn't work for you, say no and let the matter proceed to a hearing.
• Don't agree to anything on the spot if you're unsure. You can ask for a short break to think it over.
• A "repair" offer from the trader isn't necessarily a good deal. If the goods have a major failure under the Australian Consumer Law, you can choose a refund or replacement. An approved Consent Order is binding, so make sure its written terms state exactly what the trader must do and by when.
• Write down any offer and your response before leaving. If conciliation fails and you go to hearing months later, your notes will refresh your memory.

If You Reach a Settlement

When both parties agree on terms, the conciliator drafts a Consent Order. Both parties sign it, and a tribunal member formally approves it. Once approved, the Consent Order is legally binding — it has the same force as a decision made after a contested hearing.

Common settlement terms include a partial refund, completion of unfinished work by a specific date, replacement of defective goods, or a combination. The terms should be specific enough to be enforceable: "respondent to pay applicant A$3,200 within 28 days" is enforceable; "respondent to fix the problem" is not.

If Conciliation Fails

When the conciliator can't broker an agreement, they terminate the session and the matter goes to a hearing before a different tribunal member. The hearing is more formal — you'll present sworn evidence, the respondent responds, and the member makes a binding decision.

The gap between failed conciliation and the hearing can be weeks or months, depending on the tribunal's schedule. During this time, you'll receive procedural directions about evidence exchange deadlines.

The NCAT consumer claim guide includes a conciliation settlement boundaries worksheet to help you define your negotiation parameters before the session.

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