What is a conciliation conference?
Understanding Conciliation Conferences In Family Law
Family law matters can be emotionally and financially challenging, particularly when disputes arise over parenting or property arrangements. One way to resolve family disputes without going to trial is through a conciliation conference. Family Court officers, known as Registrars, facilitate these meetings to explore agreements and legal considerations.
To help families resolve these issues without the stress and expense of a trial, the Federal Circuit and Family Court of Australia offers conciliation conferences for property settlement, custody and more in a structured, confidential process designed to encourage practical solutions and cooperative outcomes.
What Is A Conciliation Conference In Family Law?
A conciliation conference is a meeting facilitated by a Registrar, an independent person appointed by the Court to help parties reach agreement. The Registrar does not take sides or make final decisions but helps each party explore settlement options and discuss possible resolutions.
Conciliation is one of several stages in the family court process, aiming to settle matters early and minimise conflict. By engaging openly in this process, parties can often avoid the emotional and financial strain of prolonged litigation.
What is a Custody Conciliation Conference?
A custody conciliation conference is specifically focused on parenting and child custody matters. It is a court-managed process facilitated by a Registrar, where both parents and their legal representatives discuss parenting arrangements, time with the child and the child’s best interests.
The Registrar helps parties explore practical solutions while explaining the legal principles the Court considers in determining custody. The goal is to reach an agreement without proceeding to trial. Any agreed-upon settlement can be formalised as consent orders, ensuring the arrangement is legally binding and enforceable.
Conciliation Conference vs Mediation
A conciliation conference is a court-managed process led by a Registrar, where legal principles and procedural considerations are explained. The outcomes can be formalised as consent orders.
Mediation, by contrast, is usually not court-based and facilitated by a neutral mediator outside the formal court system. Both aim to help parties reach agreement, but conciliation is directly connected to the Family Court process, while mediation is typically more flexible and informal.
How The Family Court Conciliation Conference Process Works
During the conciliation process, both parties are expected to make a genuine effort to resolve their dispute in good faith. The Registrar guides the discussion, helping identify common ground and potential solutions that reflect each party’s financial circumstances and personal needs.
Conferences may be conducted online, making participation more accessible and less stressful. For in-person conferences, separate rooms are often available to promote comfort and constructive dialogue. Before attending, each party must provide the necessary information and documents so the process can proceed effectively.
The goal is to achieve a practical resolution that avoids the need for a trial and supports the long-term stability of both parties.
The Registrar’s Role In A Conciliation Conference
The Registrar, also known as the conciliator, plays a central role in managing the conference. While they cannot give legal advice, they can explain the legal principles that guide the Court’s decision-making.
Their role is to facilitate constructive discussion, consider the financial or parenting issues involved and assist parties in finding mutually acceptable solutions. Throughout the conference, the Registrar ensures each party can speak privately with their legal representative if needed, maintaining fairness and balance in the process.
How To Prepare For A Conciliation Conference
Effective preparation is key to achieving meaningful outcomes. Before the conference, both parties must exchange relevant financial information and documents, in line with their duty of disclosure.
A Genuine Steps Certificate confirming attempts to resolve the matter must be filed, along with Confidential Case Outlines and supporting materials, typically at least 14 days before the conference.
Understanding what to expect and how to engage constructively helps participants make the most of the process and move closer to resolution.
Settlement Discussions During A Conciliation Conference
Settlement negotiations are the heart of a conciliation conference. With the Registrar’s guidance, parties are encouraged to focus on areas of agreement, explore practical compromises and consider the long-term benefits of settling.
These discussions are privileged, meaning they cannot be used later in court proceedings (except in limited circumstances, such as mandatory reporting of child abuse or family violence). This confidentiality allows parties to speak openly and negotiate freely, without fear of repercussions.
A genuine spirit of cooperation and compromise often leads to quicker, less adversarial outcomes.
Confidentiality And Privacy In Conciliation Conferences
Conciliation conferences are strictly confidential. Information shared cannot be used in future court proceedings unless both parties agree to waive that privilege.
However, if concerns about child abuse or family violence arise, Court staff are legally required to report these to the appropriate authorities.
Parties are also expected to respect the privacy of the process and not disclose details to third parties. More information on how the Court handles privacy is available at The Court and Your Privacy.
Family Law Considerations: Violence, Safety and Child Welfare
Conciliation conferences often involve sensitive and complex family issues, including allegations of family violence or child abuse. The Court takes these matters very seriously and will always prioritise the safety and well-being of everyone involved.
Parties must inform the Court if there are any existing or pending family violence orders affecting them or their children. The Registrar will ensure that any safety concerns are addressed appropriately during the conference. Where required, the Court may also schedule a procedural hearing to address ongoing safety or compliance concerns before the matter proceeds.
Why You Should Seek Legal Advice Before A Conciliation Conference
Before attending a conciliation conference, it’s important to seek legal advice. A family lawyer can explain your rights and responsibilities, prepare the necessary documents, and help you understand the likely outcomes of various settlement options.
While Court staff can assist with administrative matters and forms, only a lawyer can provide legal advice and help you approach negotiations strategically and confidently.
At Omnia Legal, we can help you prepare for conciliation conferences with clarity and confidence. We help to ensure you understand the process and are supported every step of the way.
Personal Safety And Wellbeing During The Conciliation Process
Your safety is the Court’s top priority. If you have any concerns about attending a conciliation conference due to family violence or intimidation, you can contact the Court before your conference to discuss safety arrangements.
Options such as separate rooms or electronic participation can be arranged to ensure you feel secure throughout the process. The guide “Do You Have Fears for Your Safety When Attending Court?” provides further information on available safety measures.
Costs And Fees For A Family Law Conciliation Conference
A small filing fee applies to conciliation conferences, although fee exemptions or reductions may be available for those experiencing financial hardship.
When considering costs, parties should also weigh the potential savings that come from resolving disputes early (ongoing court proceedings can be significantly more expensive and time-consuming). In some circumstances, parties may also need to consider whether an unsuccessful conference could affect liability for the other party’s costs.
Next Steps After A Conciliation Conference
If an agreement is reached, the Registrar may help the parties formalise the outcome through consent orders. If settlement is not possible, the matter may proceed to trial, and the Registrar will explain the next procedural steps.
Whatever the outcome, understanding and following the Court’s directions is essential to ensure your matter continues to progress efficiently. The Court will also consider each party’s financial resources when determining how future proceedings should be managed.
Achieving Resolution Through Conciliation
Conciliation conferences are a valuable opportunity to resolve family law disputes in a respectful, cooperative and cost-effective way.
By preparing thoroughly, engaging in good faith and seeking trusted legal advice, parties can approach the process with confidence. Parties often achieve outcomes that protect their wellbeing, their relationships and their future.
At Omnia Legal, we understand the emotional weight of family disputes. Our compassionate family law team is here to guide you through every step of the conciliation process, helping you move forward with clarity and peace of mind.
*This article provides general information on legal topics for educational purposes only and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.