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Where a resolution officer has discussed the option of conciliation with the parties to a complaint, and they agreed to this, an independent conciliator will be appointed to lead a conciliation meeting.
What is conciliation?
Conciliation is an opportunity for the parties to a health care complaint to confidentially discuss the complaint and agree on ways to resolve it. The object of conciliation is to negotiate a resolution that is acceptable to everyone involved. The conciliation meeting provides an opportunity for better understanding between the parties, even though they may not agree about exactly what happened.
The types of complaints that the Commission assesses as suitable for conciliation are likely to meet at least one of the following criteria:
- there was a breakdown in communication between the parties
- insufficient information was provided to the complainant
- an inadequate explanation was given for a poor outcome or adverse event
- the complainant is seeking an improvement in the quality of the particular health service
- the complainant is seeking a refund or financial compensation as an outcome.
A complaint will not be referred for conciliation if the complainant has clearly indicated that they do not wish to meet or interact with the provider again, and do not see conciliation as an appropriate way of resolving their complaint.
Purpose of conciliation
The aim of conciliation is open and honest communication between the parties and an outcome to a complaint that meets the needs of all the participants in the meeting.
Conciliation allows the parties to a complaint to state their point of view, listen to each other, discuss the concerns or issues, and resolve them in a way that is acceptable to everyone.
Conciliation is not like a public hearing in a court or other tribunal, so the conciliation participants do not have to be prove or disprove the complaint.
Conciliation is:
- voluntary
- informal
- confidential.
Like the Resolution Service, the conciliation process aims to accommodate the specific needs of the parties. Usually a formal conciliation meeting is held. Conciliation may also include telephone discussions with the parties and the provision of further information from the health care provider.
The date of the conciliation meeting is agreed to by all the parties. The venue is a neutral location that is convenient to everyone.
The role of the conciliator
An independent and neutral conciliator facilitates a meeting between the parties and assists them in trying to agree on ways to resolve the complaint.
The conciliator does not decide who is right or wrong, or decide how a complaint should be resolved. The conciliator has no power to make decisions or findings about what occurred or make a determination about compensation.
The conciliator’s role is to facilitate communication and negotiation that is aimed at resolution. The conciliator helps the parties clarify their concerns, talk with each other about those concerns and identify ways to resolve those concerns. The conciliator does not advocate on behalf of either party.
The conciliator can end the meeting if it is felt the parties will not be able to reach an agreement. The meeting can also be terminated by the conciliator if a significant issue about public health and safety arises. The conciliator will then refer the complaint back to the Commission for possible investigation.
Who comes to conciliation?
- the person who made the complaint
- a family member, friend or colleague to support you at the meeting
- representatives of the organisation the complaint is about
- the individual the complaint is about.
Bringing a support person with you
A support person provides support to a party at the conciliation and:
- can help you to understand the concerns in dispute and help you feel more comfortable during the conciliation
- should be someone you feel comfortable with
- cannot be a party to the complaint, or have had any prior involvement with the complaint
- does not actively participate in the joint discussions between the parties.
The name of your support person is provided to the other party and the conciliator prior to the meeting.
Outcomes
Where both parties are willing to negotiate with each other to achieve a mutually acceptable result, outcomes may include:
- providing information and explanations
- a verbal and/or written apology
- solutions to provide safer and better health care in future
- in some cases, refunds of medical expenses.
The parties may choose to put their agreement in writing.
For more information please contact the Health Conciliation Registrar.
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