Before we start Talk – Meet – Resolve we need everyone to understand and agree to the process for the meeting. We call this the “Agreement to use Talk – Meet – Resolve". This agreement is important as it records what people can and cannot do before, during, and after Talk – Meet – Resolve. If you have any questions about this you can discuss these with your conciliator during the “Talk” stage.
Download the Agreement
You can download, read and complete the agreement here. Talk to your conciliator about this if you have any questions.
You can also read the agreement below.
Agreement to use Talk – Meet – Resolve
This agreement is between
Talk – Meet – Resolve’s Conciliator
[ACC] and [Your Name] (referred to below as “we” and “us”) agree to enter use Talk – Meet – Resolve.
1. Appointment of Conciliator
We agree that the Talk – Meet – Resolve Conciliator has been appointed to conciliate our dispute. This agreement sets out the process and conduct of the Talk – Meet – Resolve conciliation.
2. Good faith and cooperation
We agree to conciliate in good faith. We agree to cooperate with the Conciliator and to be honest with each other and the Conciliator.
We agree that subject to relevant privacy and confidentiality requirements, Talk – Meet – Resolve can collect, hold and use information about dispute resolution processes and outcomes to support transparency, accountability, system improvement and fulfil the requirements of the Government Centre for Dispute Resolution Standards.
3. Confidentiality of the process
We agree that the remainder of the conciliation will be entirely confidential. Any information or documentation disclosed during the conciliation, including during the preliminary steps, individual or joint meetings, by any party or the conciliator, will remain confidential except in the circumstances noted in (a), (b) and (c) below. In summary, this means the people who are part of conciliation will not tell others outside of conciliation about what was said during the process.
The exceptions to confidentiality are:
(a) If the Conciliator has reason to believe that any person is in danger of harm.
(b) For the purpose of obtaining privileged legal advice.
(c) If disclosure is required by order of a court or by law.
We agree that each of us will not take, and will not permit any other person to take, photographs or make any audio-visual recording of the conciliation process or its participants (whether in person or online). We understand that the venues where we meet in person may have CCTV cameras in operation for safety and security purposes only.
4. Role of conciliator
We accept that the Conciliator will be neutral and impartial. She or he will listen to each of us and will assist us to explore options to resolve the issues between us. The Conciliator will help us to:
Explain to each other what is important to us.
Work out where we agree on things and/or where we see things differently (the things in dispute).
Help us to think about different options to resolve the things in dispute.
Reach an agreed resolution on how to resolve the things in dispute.
We agree that the Conciliator is an independent expert and can:
use her or his expertise to help us identify the issues in dispute.
if we agree, make suggestions on how to resolve the things in dispute.
We agree that we can each decide if we make use of the Conciliator’s independent expertise or suggestions and that these are not binding on us.
We understand that the Conciliator can not:
provide legal advice, or
make a decision for us, or
impose a solution on us.
We agree that each of us can talk privately or meet separately with the Conciliator and that any such discussions will remain confidential unless we give authorisation to disclose any information. Either of us can request a private meeting at any time. The Conciliator can also suggest this at any time.
5. Authority to settle and representation at Talk – Meet – Resolve
We agree that we have the legal authority to reach agreement on the meeting day or if not, to arrange for someone that has such authority to be available on the meeting day.
We agree that we can bring someone (including a lawyer) to support, assist and/or advise us during Talk – Meet – Resolve. We agree that such people will first need to agree to and sign clause 11 of the Agreement to use Talk – Meet – Resolve before they can participate in the process. If we want someone to attend in person, by videoconference or teleconference we will tell the Conciliator who that person is prior to the meeting and the Conciliator will then discuss this with us.
6. Withdrawing from Talk – Meet – Resolve
The Talk – Meet – Resolve process is voluntary. We agree we will use Talk – Meet – Resolve with the intention of trying to resolve our dispute.
Either of us can withdraw from this process at any time. Before we do, we agree we will first talk to the Conciliator.
The Conciliator can also end the Talk – Meet – Resolve process if, after consultation with us, the Conciliator considers she or he is unable to achieve a resolution of the dispute. The Conciliator will discuss next steps with us including the Listen – Decide service.
7. Writing and signing a Resolution Agreement
If we reach an agreement the Conciliator will help us record that agreement in writing (the “Resolution Agreement”). Once the Resolution Agreement is signed by each of us we will be bound by that agreement. This means we will think carefully about it before we sign any Resolution Agreement. If we do not sign the Resolution Agreement then the terms of the draft Resolution Agreement will remain confidential and non-binding until it is signed by each of us.
8. We will not take action against the Conciliator or each other arising from the Talk – Meet – Resolve process
We will not take any legal action against the Conciliator in relation to anything to do with the Talk – Meet – Resolve process. We agree that, subject to any written agreement to the contrary, if one of us does take legal action against the Conciliator in relation to anything to do with the Talk – Meet – Resolve process, that person will pay the Conciliator’s legal costs.
We agree that neither of us will claim defamation against each other about anything said or referred to during the conciliation process.
The Conciliator will not act as a decision maker (e.g. a Reviewer) in any dispute which has been to Talk – Meet – Resolve but was not resolved through that process.
9. Without prejudice
We agree that this process is “without prejudice” to each other’s rights. This means that by entering in to this Talk – Meet – Resolve process we are not agreeing to give up our rights, including the right to request Listen – Decide.
This agreement may be signed by the parties in separate counterparts, each of which when signed (without amendment) shall constitute the same agreement.
We have read, understood and agree to the conditions of this agreement:
[Your name, Signature & Date]
[ACC name and role of person, Signature & Date]
[Conciliator Signature & Date]
11. Support people/Advocates and other conciliation participants
We agree that unless authorised by the parties and the conciliator in writing or the information is otherwise able to be disclosed in accordance with clause 2 or 3, we will keep confidential any information or documentation disclosed during the conciliation, including during the preliminary steps, individual or joint meetings, by any party or the conciliator. In summary, this means as people who are part of Talk – Meet – Resolve process we will not tell others outside of that process about what was said.
[Representative Signature & Date]
[Support Person Signature & Date]
[ACC's Staff Member Signature & Date]
[ACC's Representative Signature & Date]