That surprises people. Most arrive expecting a trial and braced for an argument, and find a room, a table and a conversation.
This guide explains what the day involves, what the two possible outcomes are, and what is worth thinking about before you walk in. It explains the process generally. It is not advice about your own case.
Where it sits in the process
Conciliation is the first stage after you refer. It is meant to be held within 30 days of the referral. If you have not referred yet, start with How to refer a dispute to the CCMA, step by step.
Some dismissal disputes are set down as con-arb, where conciliation and arbitration are scheduled for the same day. If yours is a con-arb, the conciliation described here happens first, and if it does not settle, the arbitration runs immediately afterwards. That is a real difference in how you prepare, because you have to arrive ready for both.
Who is in the room
You, your employer's representative, and a CCMA commissioner. If you belong to a registered trade union, a member, office bearer or official of your union may represent you. Otherwise you appear in person. A co-worker cannot represent you, and lawyers are not allowed at conciliation for either side.
Take your ID, your case number, your set-down notice and your documents. Arrive early. If the venue is unfamiliar, work out the trip the day before.
What the commissioner does, and does not do
The commissioner runs the meeting and tries to get the two sides to an agreement. They may speak to each side together and then separately, and they may tell you plainly what they think the weaknesses in your case are. That is not a ruling. It is a commissioner trying to get a realistic conversation started.
The commissioner does not hear evidence, decide whether the dismissal was fair, or order anyone to pay anything at conciliation.
It is private and confidential, and it runs on a without prejudice basis. In practice that means what is said in the room, including an offer that is refused, is generally not usable against either side later. That is deliberate: it is what makes it safe for both sides to put a real number on the table instead of posturing.
The two ways the day ends
It settles. The terms are written down and signed. A settlement agreement is binding, and it usually records that the dispute is withdrawn and that the amount is in full and final settlement. Read it before you sign. If something you agreed is not in the document, it is not part of the agreement.
It does not settle. The commissioner issues a certificate recording that the dispute remains unresolved. That certificate is what opens the next stage.
Neither outcome is a loss. A certificate is not a finding against you.
After a certificate
For an ordinary dismissal for misconduct or incapacity, the next step is to request arbitration, and there is a further period for doing that which runs from the date the dispute was certified unresolved. Condonation is possible if you are late, and it is no more automatic here than it is anywhere else.
Some kinds of dismissal go to the Labour Court instead of to CCMA arbitration.
Read next: What happens at CCMA arbitration.
If the employer does not turn up
It happens. The commissioner may proceed in the absence of a party, and the matter can be certified unresolved so that it moves on rather than stalling. Your part is to be there yourself, on time, with your papers.
What to think about before you go
Know your number, and know your floor. Decide in advance what you would accept and what you would not. Deciding it in the room, under pressure, with a commissioner waiting, is how people accept less than they meant to and also how people refuse something reasonable out of anger.
Separate the money from the apology. Many people arrive wanting to be told they were wronged. Conciliation cannot give you that. If being vindicated matters more to you than the outcome, say so to yourself before the day rather than discovering it at the table.
Understand what is actually on offer. What the CCMA can order if a dismissal is found unfair sets the realistic ceiling on what an employer will offer to avoid that risk. See What compensation can the CCMA award.
Be honest about your weaknesses. If there is a written warning, a signed policy or a message you would rather nobody saw, it exists whether or not you have thought about it. The employer has it. Knowing where you are exposed is what lets you judge an offer properly. Substantive and procedural fairness: the two tests explained is where those weaknesses come from.
Bring your bank details and your ID. If it settles, the paperwork is easier to finish on the day than to chase afterwards.
The part nobody tells you
Most dismissal disputes end at conciliation, in a settlement rather than an award. That is not a reason to skip it. It is a reason to arrive with a number that reflects your case rather than your anger, because that is the number that gets accepted.
An offer that feels insulting at nine in the morning can look different against the alternative: months of waiting, days off work, an arbitration where you have to prove things rather than describe them, and a real chance of nothing at all.
It can also be too low. Both happen. The difference is whether you knew which one you were looking at.
Where FairCase fits
We give you a written read on whether an unfair dismissal case is strong or weak before you sit down at that table: a probability score with the calculation shown, a settlement range, the fairness analysis, and the risks in your own case. We are not a law firm, we do not represent you, and we do not appear at conciliation with you.
The report tells you what you are holding. What you do with it at the table is yours.