POSITION DESCRIPTION POSITION DETAILS POSITION TITLE: Conciliator POSITION STRATEGIC PURPOSE: The main purpose of this role is to conduct conciliation conferences and facilitate negotiations to resolve disputes between Financial Service Providers (FSPs) and Applicants. KEY ACCOUNTABILITIES: Dispute Registration Dispute Processing Service Delivery Dispute Management Dispute Investigation and Decisions Conciliation Systemic Issues Identification Quality Assurance Other Duties MODE OF EMPLOYMENT: Fixed-term TIME FRACTION: Full-time CLASSIFICATION/LEVEL: DEPARTMENT/ADMIN UNIT: Investigation and Resolution Group Position Title SUPERVISOR: POSITION TITLES THAT REPORT TO THIS POSITION: IMPACT SCOPE: Position Title Nil No. of Direct Reports Budget INTERNAL RELATIONSHIPS: Senior Leadership Group Decision Makers Management FOS Staff EXTERNAL RELATIONSHIPS: Applicants Financial Service Providers General Public Updated 08.01.2015 Nil Nil KEY ACCOUNTABILITIES Describe the outputs (what and how achieved) DISPUTE REGISTRATION 1. Obtain a sound understanding of disputes and record issues and outcomes sought. 2. Enter applicable information about disputes, Applicants and issues into the case management system. Describe the outputs (what and how achieved) DISPUTE PROCESSING 3. Perform conciliations or negotiations on unresolved disputes or where appropriate, prepare draft Determination. 4. Conduct conciliations and process dispute in accordance with the agreed FOS dispute resolution procedure including adopting an evaluative approach. Describe the outputs (what and how achieved) 5. SERVICE DELIVERY 6. Communicate with FSPs and Applicants clearly, respectfully and accurately. 8. Provide appropriate and accurate information about FOS, our TOR, FOS approaches and the dispute resolution process to Applicants and FSPs. Describe the outputs (what and how achieved) 10. DISPUTE MANAGEMENT Review and consider disputes lodged with FOS. 12. Following an investigation, analyse and consider which dispute resolution method, such as negotiation, conciliation or decision may be appropriate. 13. Where appropriate, facilitate negotiation between the parties to the dispute or conduct a Telephone Conciliation Conference in order to resolve the dispute. 14. Ensure that FSPs, Applicants and stakeholders understand the relevant FOS process, alternatives for resolution and reasons for outcomes. 15. Where dispute does not resolve in conciliation, record details arising in the conference including any new information, offers, issues covered, and any other relevant information. Describe the outputs (what and how achieved) 17. DISPUTE INVESTIGATION AND DECISIONS 18. 19. 20. 21. Updated 08.01.2015 % % Resolve disputes in accordance with FOS Terms of Reference (TOR) and the FOS dispute resolution process. Analyse disputes to determine the key issues and remedies and assess whether sufficient information has been provided to fully understand the dispute. 11. 16. % Give advice on our Terms of Reference (TOR) and provide information on FOS policies, procedures and approach documents. Handle general calls and queries. 7. 9. % Investigate, assess or resolve disputes through negotiation and conciliation. Review, interpret and assess dispute documentation including responses from parties to a dispute and other financial documents such as policies, statements, contracts, financial plans and product disclosure statements. Present a merits view and/or draft Determination and all correspondence to parties in a form that is clear, concise, comprehensive, reasoned, logical, balanced and objective. Apply a sound understanding of the FOS dispute resolution criteria including relevant legal principles, applicable industry codes or guidance, good industry practice and previous FOS decisions. Work within agreed FOS processes including escalation of complex or unusual matters for advice where appropriate. Apply principles of fairness in all the circumstances when reaching a decision or handling a dispute. % Describe the outputs (what and how achieved) 22. Schedule, prepare for and conduct timely and effective conciliations and negotiations on applicable disputes, in a manner consistent with the FOS approach to conciliations and negotiations. 23. Identify themes or trends in conciliations conducted and propose strategies to improve early resolution. 24. Work with relevant Manager and FOS Staff to improve understanding and awareness of conciliation processes. CONCILIATION Describe the outputs (what and how achieved) SYSTEMIC ISSUES IDENTIFICATION 25. 26. 28. 29. OTHER DUTIES 30. 31. Updated 08.01.2015 % Assisting with the quality control and assurance for less experienced staff. Describe the outputs (what and how achieved) 27. % Identify and escalate possible systemic issues or serious misconduct to the Systemic Issues Manager, Systemic Issues Team and/or the Ombudsmen. Describe the outputs (what and how achieved) QUALITY ASSURANCE % Meet performance measures for timely resolution of disputes by any of the methods described above or as agreed with by your Manager. Work with the relevant Managers, Ombudsmen and FOS staff generally to continuously improve service delivery processes and ensure consistency of approach, transparency and effectiveness of outcomes. Work actively and cooperatively with Managers and FOS staff generally to improve understanding and awareness of FOS processes, including delivering internal and external presentations as required and drafting articles or contributing to other awareness raising activities. With the support of relevant Managers, manage own professional development, including knowledge of financial services products, conciliation practice and process and relevant law/industry practice. Demonstrate FOS values and “Our Ways of Working” in professional interactions with other staff, representatives of Financial Services Providers, Applicants and members of the community and other stakeholders generally. 32. Develop constructive and cooperative working relationships with others and maintain them over time. 33. Collaborate with other members of the team to continuously improve service delivery and effectiveness of outcomes. 34. Understand and operate in compliance with all applicable company policies, procedures, systems, approach and guidance documents, legislation and FOS guidelines. 35. Perform other duties or functions that could reasonably be expected of this role. % POSITION REQUIREMENTS Essential Requirements/Key Selection Criteria 1. Relevant tertiary qualifications and/or a minimum two years’ experience conducting conciliations or working in a dispute resolution role. 2. Demonstrated competence in analysing and investigating issues, and developing and negotiating solutions. 3. Excellent oral and written communication skills, including ability to communicate complex legal and/or financial concepts in plain English. 4. 5. Sound knowledge of financial services and products, or demonstrated ability to gain such knowledge. Strong problem solving and decision-making skills, with a demonstrated commitment to effective alternative dispute resolution and the provision of high level service. 6. Strong attention to detail, ability to prioritise work and meet deadlines. 7. Ability to effectively manage workload and meet Key Performance Indicators and other targets set by the team manager from time to time. 8. Strong computer skills in the use of the Microsoft Office suite. 9. 10. Self-motivated with ability to work both autonomously and as part of a team. Demonstrated ability to learn quickly and work with adaptability and maturity. AUTHORISATION Approved by Signature Date Employee Signature Date Updated 08.01.2015
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