What Is an Informal Conference: Where It’s Used and How to Prepare

An informal conference is a meeting between you and a government agency, held outside a courtroom, where both sides discuss a dispute and try to resolve it without a formal hearing or trial. There’s no sworn testimony, no cross-examination, and no strict rules of evidence. The format shows up most often after IRS audits, OSHA workplace citations, and employment discrimination complaints, though many other federal and state agencies use it. The specifics vary by agency, but the idea is the same everywhere: get the parties in a room, lay out the facts, and see whether an agreement is possible before the process gets more expensive and adversarial.

How the Meeting Actually Runs

Informal conferences follow a recognizable pattern regardless of the agency. The meeting opens with introductions and a quick overview of ground rules. Each side presents its understanding of the dispute, shares relevant documents, and asks questions. A government representative or neutral facilitator steers the conversation and looks for common ground. The tone is conversational, not courtroom-formal, and the goal is problem-solving rather than winning an argument. If the parties reach a resolution, the terms are put in writing. If they don’t, the matter moves to the next formal step in that agency’s process.

One point catches people off guard: an informal conference is not a hearing. The agency representative sitting across from you hasn’t made a final decision, and you’re there to persuade, not to defend yourself against a ruling. That distinction matters because the conference is your window to present favorable facts, correct misunderstandings, and negotiate before positions harden.

Where You’ll Run Into One

IRS Appeals

After an audit, the IRS sends a letter explaining the proposed changes to your return and telling you that you have the right to request a conference with the IRS Independent Office of Appeals. Appeals operates separately from the team that audited you, and its job is to take a fresh look at the dispute and try to settle it fairly without litigation.¹

How you request the conference depends on the dollar amount. If the proposed increase in tax and penalties is $25,000 or less per tax period, you can file a brief written statement called a small case request. For amounts over $25,000, you need to submit a formal written protest with a detailed explanation of the facts and your legal position.²

You can represent yourself or authorize an attorney, CPA, or enrolled agent to appear on your behalf.¹ Anyone representing you must be eligible to practice before the IRS and will need a valid power of attorney on file.³ If you bring new information that wasn’t available during the original audit, Appeals may send your case back to the examiner rather than deciding it on the spot.⁴

OSHA Citations

Employers who receive a citation after a workplace inspection can request an informal conference to discuss the findings, penalties, and required corrective actions. Employees and their representatives can also request one. The conference is held by the OSHA Area Director or a designee, and any party may bring legal counsel.⁵

Timing matters here. Employers have 15 working days from the citation to file a notice of intent to contest, and requesting or attending the informal conference does not pause that clock.⁵ File the notice of contest to preserve your options even if you expect the conference to resolve everything.

OSHA can reduce penalties by up to 60 percent during the conference, and employers are expected to bring evidence of corrective actions already taken or in progress.⁶ Purchase orders for safety equipment, photos of completed fixes, training records, and drafts of new safety programs all strengthen your position. The discussion can also cover whether the citation classification is appropriate and whether abatement deadlines need adjusting.

Federal Employment Discrimination

In federal sector EEOC cases, the Administrative Judge holds an initial conference that functions much like an informal conference. It’s usually the first time you, the agency representative, and the judge meet as a group. The judge uses it to assess settlement potential, identify the issues to be decided, rule on pending motions, and schedule any future hearing.⁷ The judge may also conduct a targeted conference focused on a narrow question that could resolve the entire complaint quickly.⁸

Federal Labor Impasses

When federal agencies and unions can’t agree on contract terms, the Federal Service Impasses Panel may assign a representative to hold an informal conference. The representative meets with both sides across a bargaining table and in private caucus sessions to explore settlement. If some or all issues remain unresolved, the representative reports back to the full Panel, which issues a binding decision.⁹

Licensing and Regulatory Enforcement

Many federal and state agencies offer informal conferences before taking enforcement action on professional licenses, environmental violations, or consumer protection matters. The format is similar: you meet with agency staff, discuss the facts, and try to reach a consent agreement that resolves the case. In environmental enforcement proceedings, federal regulations explicitly encourage settlement at any stage, and any agreement reached must be put into a written consent agreement signed by all parties.¹⁰

How to Prepare

Preparation is what separates a productive conference from a wasted afternoon. A few principles carry across agencies.

Organize your documents early. For a tax dispute, that means receipts, bank statements, and correspondence with the IRS. For an OSHA citation, bring proof of corrective actions: purchase orders, training records, and photos of completed repairs.
Know what you’re disputing. Read the agency’s letter or citation carefully and identify exactly which findings you disagree with and why. A focused argument works better than a general complaint about unfairness.
Understand the agency’s position. You may be entitled to a copy of the administrative file before the conference. At the IRS, for example, eligible taxpayers can request the case file sent to Appeals, which shows exactly what evidence the agency relied on.⁴
Consider representation. You can attend alone, but an attorney, CPA, or other qualified representative who knows the agency’s procedures can make a real difference in complex cases.
Start fixing the problem. In enforcement matters like OSHA citations, beginning corrective action before the conference shows good faith and strengthens your position.

What Outcomes Are Realistic

The range of results depends on how far apart the parties are and how much flexibility the agency has.

Full settlement. Both sides agree on a resolution, and the terms are documented in a consent agreement or similar written instrument. In most administrative proceedings, a consent agreement requires approval from the agency director or a designated official before it becomes final.¹⁰
Partial resolution. The conference settles some issues but not all. In FLRA labor disputes, the Panel representative may resolve several bargaining items while referring the rest to the full Panel.⁹
Penalty reduction. In OSHA matters, the agency can reduce proposed fines by up to 60 percent during the informal conference.⁶
Narrowed issues. Even without an agreement, the conference may clarify which facts are actually in dispute, making any subsequent hearing shorter.
No resolution. If the parties can’t agree, the matter moves to the next formal step, whether that’s an administrative hearing, a review commission proceeding, or litigation in court.

Can What You Say Be Used Against You Later

Federal Rule of Evidence 408 provides some protection. The rule generally prohibits either side from introducing settlement offers or statements made during compromise negotiations as evidence in court to prove or disprove the claim being disputed.¹¹

That protection has limits. A court can admit evidence from settlement discussions for other purposes, such as proving a witness’s bias or showing that a party caused undue delay. There’s also a carve-out for criminal cases involving a public agency’s regulatory or enforcement authority. And Rule 408 only blocks evidence from being presented to a judge or jury; it doesn’t prevent a third party from discovering the information another way or stop the terms of your discussions from becoming public.¹¹ Individual agencies may have their own confidentiality rules on top of that, so ask the agency representative what protections apply before your conference begins.

If the Conference Doesn’t Settle Things

An unsuccessful informal conference isn’t the end of the road. In IRS matters, you can take your case to the U.S. Tax Court, the Court of Federal Claims, or a federal district court.¹ In OSHA matters, if you preserved your right to contest within the 15-working-day window, the case moves to the Occupational Safety and Health Review Commission for a formal hearing. In EEOC proceedings, the Administrative Judge will schedule an evidentiary hearing.⁷ In FLRA impasse disputes, the full Panel reviews the representative’s report and issues a binding order.⁹

Even when the conference fails to produce an agreement, it has value. The process forces both sides to organize their arguments, show the strength of their evidence, and understand the other party’s position. That clarity often makes the formal proceeding more efficient, and sometimes leads to settlement later, once both sides have had time to absorb what they heard.

1
Internal Revenue Service. Topic No. 151, Your Appeal Rights
2
Internal Revenue Service. 4.24.10 Appeals Referral Procedures
3
Internal Revenue Service. Power of Attorney and Other Authorizations
4
Internal Revenue Service. What to Expect from the Independent Office of Appeals
5
Occupational Safety and Health Administration. 29 CFR 1903.20 – Informal Conferences
6
Occupational Safety and Health Administration. Questions and Answers on the New Penalty System
7
U.S. Equal Employment Opportunity Commission. Frequently Asked Questions About the Federal Sector Hearing Process
8
U.S. Equal Employment Opportunity Commission. A Guide to the Initial Conference for Unrepresented Complainants
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U.S. Federal Labor Relations Authority. Informal Conference
10
eCFR. 45 CFR 672.11 – Informal Settlement; Consent Agreement and Order
11
Legal Information Institute. Rule 408 – Compromise Offers and Negotiations