What different types of dispute resolution are there?
There are many different ways of resolving a dispute depending on the different role of the independent expert. These include:
Mediation: This is where people meet together and the impartial independent person (the mediator) helps the parties have a discussion, but does not take an active role in how the dispute is resolved.
Adjudication: This where the independent person for example a "Reviewer" at a "Review" or a Judge in an Appeal listens to what people have to say and then makes a binding decision for them. The person who doesn't agree has to appeal if they want to change that decision.
Conciliation: Conciliation is different from both mediation and adjudication. Instead of deciding the dispute like a judge or just leaving people to come up with their own answer like mediation, our Conciliators use their expertise to work together with you and ACC with a view to reaching an enduring solution. Our Conciliators make sure that any agreement reached makes sense and that it reflects everyone's rights and obligations.
Who is a Conciliator?
A Conciliator is an independent expert in the ACC legal system who is experienced in resolving disputes between injured people and ACC.
All of our Conciliators have significant legal experience and expertise in the ACC system and have been involved in thousands of disputes. They can rely on this experience and help the parties reach an understanding of each other's perspectives and the possible ways to resolve the issues.
What is Conciliation?
Conciliation is a timely, informal and accessible process. It is a different way to resolve disputes than most people in New Zealand will have experienced. It is a process where the people in the dispute are actively involved in trying to find a resolution. This is different to a process where the people are trying to convince someone else (a reviewer or a judge) that they are right and the other person is wrong.
Our Conciliators are independent experts who are there to help. They serve as a resource person for both sides and keep people talking. Our Conciliators will have significant knowledge about the matters in dispute and understand people's rights and obligations. If the people involved agree, our Conciliators can suggest solutions particularly when the people involved have reached a stalemate. There are different forms of Conciliation, but we have created our Talk – Meet – Resolve process because we know from experience that it works best.
Why do we use the Conciliation process?
Talk – Meet – Resolve has created its Conciliation process because we know it works. Our people have been involved in thousands of disputes (as adjudicators and legal representatives) and tried all sorts of ways of solving problems.
Through our experience, we know that getting the people involved together as soon as possible, and in a way that they can communicate effectively with the help of an independent expert, is what gives people the best chance of sorting out the problem.
We created Talk – Meet – Resolve to do just this.