What is Conciliation?

The conciliator must assist the parties independently and impartially to reconcile their views on the dispute or difference to reach an amicable settlement or a solution. If the parties are unable to reach an agreement or a solution, the conciliator must produce a written reasoned proposal for the determination of the dispute. The conciliator’s recommendation for determination is binding on both parties unless within five working days of receiving the proposal at least one party notifies the other in writing that they reject the conciliator’s proposal.

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Why appoint me as a conciliator?

Trained: I have graduated with a Bachelor of Agriculture and Graduate Diploma in Dispute Resolution from Massey University. I am a trained mediator and arbitrator.
Experienced: I mediate on a weekly basis and have several years of conciliation experience. My farm consultancy practice is extensive and diverse. Previous farming experience includes both sides with owning a farm with a variable order sharemilker on it and over 20 years of 50/50 sharemilking.
Accountable: AMINZ provides a complaints procedure and has a published code of ethics.

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Where to from here?

1. The other party must have received a claim within 20 working days of the alleged breach of an agreement or the end of the season.
2. Any counter-claim may be made within 10 working days of notice of the claim.
3. The parties must negotiate in good faith and co-operate and use their best endeavours to resolve the dispute expeditiously.
4. Alternatively, both parties need to appoint me as Conciliator.
5. I will forward a reference to conciliation for both parties to sign.
6. I will convene a conciliation meeting as soon as practicable at a neutral venue.

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Fees

$200 per hour + travel and disbursements if any.
Each party will deposit $1500 in a trust account prior to commencement.