How to Use the Commissioner's Free Conciliation Service

What Is Conciliation?

Conciliation is an informal, confidential dispute resolution process facilitated by a neutral third party — the conciliator. The conciliator does not decide who is right or wrong. Their role is to help both parties communicate and reach a mutually acceptable agreement.

The Commissioner for Body Corporate and Community Management provides this service free of charge to all parties in a Queensland body corporate dispute.

Who Can Use It?

Conciliation is available for disputes involving:

A lot owner and the body corporate (or its committee)
Two or more lot owners
A lot owner and a body corporate manager
A body corporate and a body corporate manager

Common disputes suitable for conciliation include: by-law enforcement, maintenance obligations, access to records, levy issues, noise complaints, and disputes about committee decisions.

How to Apply

Complete the conciliation application form available on the Queensland Government website
Describe the nature of the dispute and what outcome you are seeking
Include evidence of your attempts to resolve the matter directly (correspondence, emails)
Pay the application fee (currently a small administration fee — check the current amount on the website)
The other party will be contacted and invited to participate

Both parties must agree to participate — conciliation cannot be forced on an unwilling party. If the other side refuses, you can proceed to adjudication.

What Happens in Conciliation?

The process is flexible but typically involves:

Each party submitting a written statement of their position
The conciliator reviewing both statements and any supporting documents
A conciliation conference — usually by phone — where the conciliator facilitates discussion between the parties
Negotiation toward an agreed outcome

If agreement is reached, the conciliator records the terms in writing. The agreement is binding on the parties.

What If It Doesn't Resolve the Dispute?

If conciliation does not produce agreement, the process is confidential — what was discussed cannot be used in a later adjudication. The applicant can then apply for formal adjudication.

Conciliation is not a dead end if it fails. It is a required first step (or evidence of attempted resolution) before adjudication in most cases.

Tips for a Successful Conciliation

Be prepared. Know what outcome you want and be ready to explain why it is reasonable.

Be flexible. Conciliation works best when both parties are willing to consider compromise. An outcome that partially satisfies both sides is better than an adjudication that takes months and may not go your way.

Focus on the issue, not the person. Conciliators respond better to factual presentations than emotional ones.

Have your documents ready. Relevant correspondence, photographs, by-laws, and meeting minutes should be to hand.

This article is general information only and does not constitute legal advice. For advice about a specific dispute, consult a strata lawyer or contact the Office of the Commissioner for Body Corporate and Community Management.