What is Conciliation?

The court may direct the Applicant and Respondent to attend before an MEO for a conciliation session. Both parties must attend the conciliation session. In a conciliation session, the MEO is a neutral facilitator guiding the conversations between parties. The MEO will recommend solutions to facilitate a mutually acceptable and sustainable resolution to the maintenance dispute. The MEO will not make decisions for the parties, and parties may accept or reject suggestions or proposals made by the MEO.  

If an agreement is reached, the MEO will submit a report of the agreement to the Court. A Consent Order will then be issued in the presence of the parties by the Court.

If there is no agreement, the MEO may request for further information from both parties and/or from third parties before conducting a second conciliation, if necessary. A report containing this information will be submitted to the Court.

If there is no agreement after the second conciliation session, the parties will appear before the Court for the hearing of the application. The Court may rely on the MEO report in coming to a decision.

Tips for a successful conciliation session

A negotiated settlement often proves more advantageous than a litigated outcome. Parties can shape the agreement themselves, rather than leaving the final decision to the Court, which may potentially leave both sides dissatisfied.

To this end, parties should approach the conciliation session with an open mind.

It is important for parties to be willing to listen to each other’s perspectives, communicate respectfully, and be open to finding a mutually acceptable solution. They should also be prepared to compromise and prioritise the well-being of any children involved.

Doing so will enhance the chances of parties reaching agreement. For example, if the Respondent has genuine difficulties paying maintenance, parties can discuss and agree on more sustainable maintenance payments during the conciliation session.