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Conciliation is a staple element of any proceeding in the Fair Work Commission. Mediation is a standard step in any court proceeding. It is important for industrial lawyers (and sophisticated clients) not to miss an important opportunity to fully explore the prospects of resolving, or at least narrowing the issues in dispute, in matters.
This session will focus on some of the specific issues that arise in industrial law proceedings. How does mediation differ from conciliation? Why have both? What types of matters might benefit from pre-trial mediation? Is arbitration a realistic alternative? Should the approach differ when in mediations with regulators? Consideration will also be given to practical matters such as preparation for mediation, how best to manage the psychological byplay that often arises, and how to break through roadblocks during mediations.