Transcript
Complaints and conciliation video five – Reasonableness is key
When we talk about resolving complaints, we use the word reasonable a lot. Reasonable expectations. A reasonable agreement. A reasonable outcome.
Why is reasonableness so important? It’s the key to successful negotiation.
Being reasonable is not about “winning” the dispute. It’s about you and the other person being flexible and willing to find a solution. It involves listening to each other and considering different perspectives.
Having reasonable expectations means seeking a solution that is fair for the problem. For example:
- Three months after Alex bought a brand new washing machine the motor burned out. He expects a full refund from the business. (that’s reasonable)
- After 10 years of daily use, the door seal on Alex’s washing machine is leaking. He expects a full refund from the business. (that’s not reasonable)
A reasonable agreement or reasonable outcome is one that
- Considers both sides' concerns
- Isn't extreme or one-sided
- Most people would think is fair
- You can live with, even if it's not everything you’d hoped for
For example:
Leah purchased a brand-new vehicle. Six months later, in the middle of summer, the air conditioning stopped working. The dealer estimated the replacement parts would take 4 weeks to arrive. Leah, concerned about driving with her young son in the heat of summer, wanted to return the car for a brand new one. The dealer offered to loan Leah a similar car for free until her air conditioning was fixed. Leah decided to accept the offer, even though it’s not exactly the outcome she’d hoped for.
Reasonable outcomes aren’t always perfect solutions. But they are good enough for both sides to accept and move forward. And, when a complaint is resolved in a reasonable way, there’s a better chance the solution will last.
Reasonableness also applies to how the remedy will happen. For example:
- It may not be reasonable for a consumer in remote regional WA to pay to have their faulty vehicle transported to a repairer in Perth. Instead, the dealer could offer to pay for a local regional repairer to do the work.
For consumers
Being reasonable doesn’t mean you have to give up what you believe is right. It means that you’re open to finding a solution that addresses your concerns in a way that makes sense.
If you’re not willing to negotiate and instead hold out for exactly what you want, the complaint will be harder to resolve. And, if you don’t reach an agreement in conciliation, your next step is applying to the Magistrates Court.
For businesses and landlords
A reasonable, open-minded approach isn’t about “giving in.” It’s about acting strategically to ensure your business thrives in the long run.
Offering a reasonable solution might mean sacrificing a small amount now (like a refund, some lost profit, or a minor change). But it could result in greater customer loyalty, positive reviews, or more business opportunities in the future. It can build trust and show that you’re willing to find fair solutions for consumers, even when things go wrong.
If you can’t reach an agreement in conciliation, the consumer’s next step is going to court, which will end up costing you more time and money.
Going to court
The Magistrates Court process can take some time. Generally, you’re expected to try to reach a mutual agreement together before going before a magistrate.
If the case goes to trial, the magistrate makes a decision for everyone. And it may not be an outcome that either of you likes. So, it’s often better to come to an agreement long before that stage. This might mean accepting an outcome that is less than perfect, but still reasonable.
A final word
During conciliation, we often get asked, “would you accept this outcome?” We can’t make that decision for you. We can only say whether the offer seems reasonable according to the law. Ultimately, we want both sides to be comfortable with the agreement and be able to move forward.
Up next in our Complaints and Conciliation video series, we explore investigations.
To better understand the complaint process or your rights and responsibilities as a consumer or business, visit our website at consumerprotection.wa.gov.au or give us a call on 1300 30 40 54.