Conciliation in 2026: Insights from the Field and Future Directions
- Shiv Martin
- 3 days ago
- 5 min read
What Regulators, Ombudsman Offices and Statutory Bodies Need to Know About Ethical, Effective Conciliation
Conciliation is relied on every day by regulators, ombudsman offices and statutory bodies to
resolve high-stakes disputes involving power imbalance, legal risk and strong emotion. Yet
despite its central role, conciliation is often poorly understood in practice, particularly the
balance between neutrality, authority and system responsibility.
This article is for statutory and regulatory conciliators, those who design and oversee dispute
resolution frameworks, and leaders responsible for supporting this work in complex systems.
Since 2020, I have trained hundreds of conciliation and mediation officers across dozens of
dispute resolution bodies. Through structured reflective feedback collected after longer
programs, a consistent picture has emerged of a profession under pressure and in transition.
Although conciliation operates across more than 150 legislative contexts in Australia,
practitioners are grappling with remarkably similar challenges.
The reflections shared here draw directly from that training experience and offer insights into
where conciliation practice sits now and what it will need to remain effective, ethical and
sustainable into the future.
1. An identity question: moving beyond mediation
One of the most persistent themes in training is uncertainty about how conciliation differs
from mediation. Many practitioners arrive with strong facilitative mediation training
grounded in strict neutrality and minimal intervention.
Conciliation requires a different stance. Conciliators are not simply neutral third parties. They
operate within, and on behalf of, a statutory system with defined objectives. This often
requires a more directive role, including evaluative input, reality testing and explaining
regulatory expectations.
For many practitioners, the challenge lies in letting go of the idea that being helpful risks
being biased. Learning that conciliation permits, and at times requires, a more active role can
feel both liberating and unsettling.
Key student insight
Many participants describe a pivotal moment when they realise they are allowed to express
views, provide guidance and actively shape outcomes, as long as this is done transparently
and fairly.
Reflection question for the future
How can conciliation training and organisational cultures better support practitioners to
confidently inhabit a role that is neither purely neutral nor adversarial?
2. The art of switching hats
A defining capability of effective conciliation practice is the ability to move fluidly between
facilitative and evaluative modes. Listening, empathy and process management must sit
comfortably alongside reality testing, education about rights and outlining likely outcomes.
Training consistently reinforces that this shift must be intentional and explicit. Skilled
conciliators signal to parties when they are moving from interest exploration to regulatory or
normative guidance. This clarity helps maintain trust and manage expectations.
Participants frequently identify timing as their greatest challenge. Knowing when to intervene
and when to hold space requires judgement that develops through experience, feedback and
reflection.
Key student insight
Practitioners often report low confidence around knowing when to step in, particularly when
they feel an internal pull to solve the problem rather than support the parties to do so
themselves.
Reflection question for the future
What supervision, coaching or reflective practice structures are needed to help conciliators
refine this judgement over time?
Looking to Strengthen Conciliation Practice in a Regulatory Context?
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It sets out the core purpose of conciliation, clarifies how it differs from mediation, and offers practical guidance on ethical boundaries, role clarity and effective intervention. Download your free copy here.
3. Ethical grey zones: fairness and impartiality
Ethical dilemmas feature prominently across all training contexts. Scenarios involving power
imbalances, withheld information or questionable conduct provoke real discomfort for many
practitioners.
Conciliators often struggle with how to intervene without breaching confidentiality or
appearing biased. The fear of crossing a line can lead to hesitation, even where an agreement
risks being unfair or inconsistent with legislative intent.
Training reframes impartiality as active fairness rather than passive neutrality. Conciliators
are reminded that they cannot be complicit in bad faith outcomes and are supported with
strategies such as robust reality testing, encouraging independent advice, reframing risks and,
where necessary, terminating the process.
Key student insight
Many participants reflect that ethical confidence grows when they understand that stopping or
redirecting a process can be an ethical act, not a failure of conciliation.
Reflection question for the future
How can agencies more clearly articulate the ethical boundaries of conciliation so
practitioners feel supported, not exposed, when they intervene?
4. Shifting from past blame to future focus
Across jurisdictions, a recurring practical challenge is helping parties move from entrenched
narratives about the past to constructive thinking about the future.
Disputes often arrive framed as investigations into fault. Without skilled intervention, parties
can become stuck in circular debates that exhaust energy and limit options. Training places
strong emphasis on future focused questioning and reframing techniques.
Assessment feedback regularly highlights question design as an area for development.
Questions anchored in blame tend to entrench positions, while future oriented questions
create momentum and possibility.
Key student insight
Many practitioners note that small shifts in language can dramatically change the tone and
productivity of a conciliation.
Reflection question for the future
How can conciliators continue to refine their questioning so it consistently supports
resolution rather than reinforcing conflict?
5. Working in the shadow of the system
While core conciliation skills are transferable, the legislative and institutional context shapes
every process. The shadow cast by statutory powers, enforcement options and remedies
differs significantly across sectors.
Participants consistently note how conciliation feels different depending on whether the
backdrop is regulatory enforcement, binding determination or voluntary compliance.
Understanding these levers allows conciliators to support realistic negotiations without
coercion.
Effective training helps practitioners map their statutory powers onto their conciliation
strategy, using the shadow of the law to inform, rather than dominate, the conversation.
Key student insight
Many practitioners report increased confidence once they see how their statutory powers can
support, rather than undermine, collaborative resolution.
Reflection question for the future
How can conciliation frameworks better integrate system knowledge into day to day practice
without overwhelming or intimidating parties?
A distinct and evolving profession
Taken together, these reflections reinforce that conciliation is a distinct and evolving
discipline. It requires emotional intelligence, legal and regulatory literacy, ethical judgement
and the confidence to intervene appropriately.
The most effective conciliators are those who see themselves as active guides within a
system, supporting efficient processes while ensuring outcomes are fair, durable and aligned
with public purpose.
Where to next
These insights come from working closely with conciliators as they build confidence in
complex statutory environments. They point to clear priorities for the profession: role clarity,
ethical confidence, strong system design and better support for reflective practice.
I support regulatory, ombudsman and dispute resolution bodies through conciliation training,
system and process design, and practical resource development. I also deliver public
conciliation and mediation training through the Resolution Institute.
If you are looking to strengthen conciliation practice, refine your frameworks or better
support your practitioners, I would welcome a conversation. Get in touch to learn more about
Hi, I’m Shiv Martin. I’m a nationally accredited mediator, lawyer, conciliator, and conflict management specialist with over a decade of experience working across government, business, and community settings. I support teams to navigate complex and emotionally charged situations through mediation and conciliation, conflict skills training, facilitation, and practical advice on policies and processes. My approach is grounded in law, psychology, and real-world dispute resolution, with a strong focus on clarity, fairness, and workable outcomes.
If you’d like to talk about how I can help you or your organisation, you can get in touch here: 👉 www.shivmartin.com/contact
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