NCAT Conciliation as a Respondent: How to Prepare

Conciliation is not optional. In NCAT's Consumer and Commercial Division, the first listing for most consumer claims is a combined conciliation and hearing. If you arrive without knowing what you are prepared to offer — or accept — you risk agreeing to terms under pressure that you would not accept with more preparation.

How Conciliation Works

After the roll call, the presiding member directs both parties into conciliation. An NCAT conciliator (sometimes the member themselves) facilitates the discussion. The conciliator is neutral — they are not an advocate for either side and will not give legal advice.

The conciliator's role is to help both parties identify what they actually want, explore options, and find a resolution without a contested hearing. They will ask each side to explain their position and may shuttle between the parties if direct conversation becomes unproductive.

Everything in Conciliation Is Confidential

Statements made, offers tendered, and concessions discussed during conciliation are without prejudice. If conciliation fails and the matter goes to a hearing, those offers and concessions cannot be used as evidence in the contested hearing.

This protection matters for respondents. You can explore a settlement without it being used against you at the hearing. An offer to pay $3,000 to make the problem go away does not become evidence that you admitted liability for $3,000.

Setting Your Boundaries Before the Day

Walk into conciliation with three numbers:

1. Your best realistic outcome — what you believe the evidence supports (full dismissal, or a small concession)
2. Your acceptable settlement — the amount or terms you would agree to rather than risk a hearing
3. Your walk-away point — the threshold below which you go to the hearing instead of settling

Write these down before you arrive. In the conciliation room, under time pressure and with the conciliator asking pointed questions, respondents routinely agree to amounts well above what they initially planned.

Also decide in advance whether you are open to non-monetary terms: completing additional work, providing a partial refund, replacing goods, or offering a credit note. These can be part of Consent Orders.

Consent Orders

If conciliation reaches an agreement, the conciliator helps both parties put the terms in writing. The member formally adopts these as Consent Orders of the tribunal. Consent Orders carry the same legal authority as an order made after a contested hearing — they are enforceable through the Local Court.

Before signing, read every term carefully. Common issues respondents overlook:

• The timeline for payment or performance — make sure it is realistic for your cash flow
• Whether the agreement is full and final settlement — without this, the applicant could come back with further claims
• Whether it includes costs of the application — in consumer claims, costs are normally each party's own, so push back on any costs clause

If Conciliation Fails

The conciliator reports the impasse to the member, and the matter moves to a contested hearing — usually immediately. This is why evidence preparation matters even if you expect to settle: if conciliation breaks down at 11 AM, you are in a hearing by 11:30 AM.

Have your evidence bundle ready, your witnesses available (or their statements filed), and your key points outlined. The transition from conciliation to hearing is fast.

Support Persons in Conciliation

You can bring a support person into conciliation — a business partner, family member, or colleague. They sit with you for moral support but cannot speak on your behalf unless the conciliator gives permission.

If you are representing a company, the person attending needs a signed Authority to Act from a director or company secretary, authorising them to negotiate and agree to terms on the company's behalf.

The Responding to an NCAT Consumer Claim guide includes a conciliation preparation worksheet with boundary-setting frameworks and a walkthrough of the Consent Orders process.

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