Going to NCAT conciliation? Settle smart — what to ask for, what to refuse, what to put in writing
Most NCAT matters never reach a contested hearing — they settle, often in a short conciliation on the hearing day. That is usually good for you: settling gives you certainty and control over the outcome instead of leaving it to a Member. But a bad settlement is harder to undo than a bad notice.
This page covers how NCAT conciliation works, how it differs from the mediation NSW Fair Trading runs before you ever reach NCAT, what to ask for, what to refuse, and the one step that makes the difference between a promise and something you can enforce — getting your deal made into sealed consent orders.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
Conciliation is an assisted negotiation. A neutral person — at NCAT, usually a Tribunal Member or a conciliation officer — helps you and the other side try to reach an agreement, instead of having a Member decide the case for you. The conciliator does not take sides and does not rule on who is right; their job is to help you find a deal you can both live with.
There are two distinct stages people confuse. NSW Fair Trading mediation happens before NCAT, as a free pre-lodgement step for many consumer, tenancy, building and some strata disputes. It is voluntary and informal, and a Fair Trading officer has no power to make orders — if it works, you sign an agreement; if it doesn't, you lodge at NCAT. Tribunal conciliation happens inside the NCAT process, commonly on the listed hearing day, and the person assisting can turn whatever you agree into binding Tribunal orders on the spot.
That difference matters. A handshake at Fair Trading, or even a signed informal agreement, is just a contract — if the other side breaks it you have to sue on the contract. An agreement converted into NCAT consent orders is an order of the Tribunal: if it's breached you can move straight to enforcement rather than starting a fresh dispute about whether a deal existed.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- On the dayConciliation is frequently scheduled immediately before the hearing — come ready to both settle and run the caseNCAT listing practice
- Before you signAsk for a short adjournment to read any proposed consent orders carefully — you are entitled to take your timeProcedural fairness
- Spelled-out datesBuild clear deadlines into the orders (e.g. 'pay by [date]') — vague timing is the most common cause of later disputesDrafting practice
- 14 daysInternal appeal window if a matter is decided at hearing rather than settled (most NCAT decisions)CAT Act / NCAT Guideline 1
The process, step by step
- 1
Before the day: know your bottom line and your evidence
Decide, in advance and in writing for yourself, three numbers or outcomes: the best realistic result, the result you'd accept, and the point below which you'd rather run the hearing. Knowing your walk-away line stops you being talked into a number on the spot.
Prepare as if there will be a hearing anyway. Bring your full evidence bundle. A party who is visibly ready to run the case negotiates from strength; a party with no documents has little leverage in conciliation.
- 2
Understand 'without prejudice' and confidentiality
Conciliation is generally conducted on a without prejudice and confidential basis. That means an offer or admission you make to try to settle usually can't be used against you at the hearing if no deal is reached, and the Member who hears the case is normally not told what was offered. This is what lets both sides explore compromise freely.
Use it: you can float a figure to test the other side without committing to it as your case. But don't treat it as a licence to be loose with facts — and remember the protection is about settlement discussions, not a shield for threats or admissions of unrelated wrongdoing.
- 3
Negotiate around the order you actually want
Frame everything in terms of the order you'd ask the Member to make: a sum of money by a date, repairs done by a deadline, a bond split, an agreement to end the tenancy on terms. Money is easy to enforce; promises to "behave better" or "communicate" are not. Prefer concrete, datable, measurable terms.
If a payment is to be made over time, ask for a default clause — for example, that the whole balance becomes payable immediately if an instalment is missed. That turns a soft promise into something you can enforce without coming back to argue the point.
- 4
Get the agreement made into sealed consent orders
This is the step that matters most. Once you've agreed, ask the Member or conciliator to make the agreement into consent orders — orders the Tribunal makes because both sides consent, recording exactly what each party must do and by when. Read them before they're finalised and make sure every term you bargained for is actually in writing.
Consent orders are enforceable like any other NCAT order. A money order can generally be registered with a court and enforced; check whether you need to do anything to obtain a sealed (stamped) copy. An informal, un-ordered settlement leaves you having to sue on the agreement if it's broken — see our guide on enforcing NCAT orders.
- 5
If you don't settle, the hearing usually proceeds
Because conciliation is often listed with the hearing, walking away from a poor offer doesn't waste the day — the Member can hear the matter then and there. Tell the conciliator plainly that you'd prefer the Member to decide. There is no penalty for declining to settle.
A Member who conciliated may step aside so a different Member hears the case, or may continue if both sides are content — ask if you're unsure. Either way, what you said in conciliation is generally not put before the decision-maker.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
Your full evidence bundle
Bring everything you'd rely on at hearing. Being demonstrably ready to run the case is your strongest bargaining chip in conciliation.
A one-page 'numbers' sheet for yourself
Your best outcome, your acceptable outcome, and your walk-away line. Keep it in front of you so you don't get talked past it.
A draft of the orders you want
Write out, in plain words, the order you'd ask the Member for: amount, action, and deadline. It becomes the skeleton of any consent orders.
A running schedule of amounts claimed
A clear breakdown (what, when, how much, with receipts) lets you justify your figure and resist a lowball offer.
Any prior offers or correspondence
Earlier settlement attempts and the other side's previous positions help you judge whether today's offer is genuinely better.
Pen and paper to note the agreed terms
Write down each term as it's agreed so the consent orders match what you actually settled on, not a vaguer version.
Common reasons people lose
Settling on a promise instead of an order
An informal agreement that isn't turned into consent orders is just a contract. If it's broken you have to start again. Always ask for sealed consent orders.
Vague terms
'The landlord will fix the leak' with no date or definition of 'fixed' invites a second dispute. Pin down what, by when, and to what standard.
No default clause on instalment deals
Agreeing to be paid over months without a clause that accelerates the balance on a missed payment can leave you chasing each instalment separately.
Negotiating without a walk-away figure
If you haven't decided your bottom line before the day, the pressure of the room makes it easy to accept far less than your case is worth.
Treating confidentiality as a trap
Some self-reps clam up, fearing everything will be used against them. The without-prejudice rule exists precisely so you can explore offers safely — use it.
Forgetting you can still have the hearing
Because conciliation is usually listed with the hearing, declining a poor offer rarely costs you anything. Don't settle out of fear of 'wasting the day'.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Consent orders for payment
A Tribunal order, made by consent, that one party pay a fixed sum by a stated date — enforceable as an order, not a mere promise.
Consent orders for work or action
An order that a party carry out specified repairs or actions by a deadline, ideally with a defined standard of completion.
Instalment order with a default (acceleration) clause
Payment by instalments where the whole outstanding balance falls due immediately if a payment is missed — far easier to enforce.
Order recording a bond split or release
Where the dispute is over a rental bond, consent orders can record exactly how the bond is to be divided and released.
Order dismissing or withdrawing the application on terms
Sometimes the deal is that the application is withdrawn once agreed steps are done — make sure the agreed steps are themselves captured in enforceable terms first.
Free help
- NCAT — resolving your case / conciliation
How NCAT uses conciliation and other resolution processes.
- NSW Fair Trading — complaints and mediation
The pre-NCAT mediation step for many consumer, tenancy and building disputes.
- LawAccess NSW — 1300 888 529
Free legal information line, Mon-Fri 9am-5pm.
- Tenants' Advice & Advocacy Services (TAAS)
Free advice and support for tenants going to NCAT.
- Community Legal Centres NSW
Find a local CLC for free advice on your dispute.
- Civil and Administrative Tribunal Act 2013 (NSW)
The Act governing NCAT's resolution processes and the power to give effect to settlements.
Questions self-reps ask
What is the difference between Fair Trading mediation and NCAT conciliation?
NSW Fair Trading mediation happens before NCAT — a free, voluntary, informal step for many consumer, tenancy and building disputes. A Fair Trading officer can't make binding orders: if it works you sign an agreement; if it doesn't, you lodge at NCAT.
NCAT conciliation happens inside the Tribunal process, usually on the hearing day, run by a Member or conciliation officer who can convert your agreement into binding consent orders immediately.
Does what I say in conciliation get used against me at the hearing?
Generally no. NCAT conciliation is usually conducted without prejudice and confidentially, so offers and admissions you make to try to settle normally can't be used against you at the hearing, and the Member deciding the case is usually not told what was offered.
That protection covers settlement discussions — it is not a shield for threats or unrelated admissions. If unsure, ask the conciliator to confirm the basis before you start talking numbers.
Why should I insist on consent orders instead of a handshake deal?
Because consent orders are enforceable as Tribunal orders, while an informal settlement is only a contract. Break a consent order, and the other side can move to enforcement — a money order can generally be registered with a court and enforced.
Break an informal agreement, and you'd have to start a fresh dispute to prove the deal existed. Always ask for consent orders and a sealed copy. See our guide on enforcing NCAT orders.
What should I refuse in conciliation?
Refuse vague terms with no dates or standards. Refuse instalment deals with no default clause to accelerate the balance on a missed payment. Refuse to go below the walk-away figure you set in advance. And refuse to sign anything you haven't read.
You're entitled to time to read proposed orders, and there's no penalty for declining to settle and asking the Member to decide.
When should I push for a hearing instead of settling?
Push for a hearing when the best offer is below your walk-away line, when your evidence is strong and the other side won't move, or when the dispute is about a principle money can't resolve.
Because conciliation is usually listed with the hearing, declining rarely wastes the day — the Member can hear it then. Weigh the certainty of settling against the risk and the value of your claim.
Can I bring someone to help me in conciliation?
You can usually bring a support person, and a friend, advocate or family member may assist. Whether someone can formally represent you depends on the matter type and NCAT's representation rules — in some matters you need the Tribunal's leave to be represented, including by a lawyer or agent.
Check the representation rules for your division beforehand, and consider free advice from LawAccess, a TAAS or a Community Legal Centre first.
Related guides
- What to expect at an NCAT hearingIf conciliation doesn't settle it, here's how the hearing runs on the same day.
- How to enforce NCAT orders in NSWWhy a consent order beats a handshake — and what to do if the other side doesn't comply.
- What to say to an NCAT memberFraming your position clearly, whether settling or running it.
- Building your NCAT evidence bundleThe bundle that makes you ready to run — and gives you leverage to settle.
Walk into conciliation knowing your number
Five questions. Two minutes. You'll walk out knowing the list, the form, the fee, and your statutory deadlines.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.