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Application for Mediation

Sunday, 01st February 2015

Strata and Community Living often bring people of diverse interests and backgrounds togehter. Disagreements and disputes can sometimes arise.

Mediation seeks to assist people in strata and community schemes resolve their disputes on terms that work for them.

Mediation is a structured negotiation process in which a neutral and independent mediator assists parties in dispute to achieve their own resolution.

Mediation is quick, inexpensive and informal way of resolving disputes.  It gives all parties the opportunity to explain their situation.

Flexibility is another advantage of mediation.  Arrangements can be made to suit each case.

Mediation can also include support people who who can help clarify issues in dispute.  For instance, you may want to bring a builder or other person with specialist knowledge.

In most cases of mediation is compulsory.  You cannot take any further steps under the Act to resolve your dispute unless an attempt at mediation has been made.

Your application will usually be completed within four weeks.

At the mediation session everybody sits around a table and talks through the issues with the help of a mediator. 

A fee must by paid by the applicant for mediation.  There are no other charges involved.

NSW Fair Trading has qualified mediators and staff with knowledge of strata and community laws.  If you prefer, you can find and pay for a mediator of your own choice.

The mediator's role is to:

  • assist the parties raise and consider options and strategies by which the issues may be addressed
  • assist the parties to discuss the issues with a view to negotiating a settlement they can all live with.

The mediator does not determine who is right or make decisions for the parties. 

All parties are encouraged to actively participate in mediation.

NSW Fair Trading may be able to help by providing information to both sides on their rights and responsibilities under the strata and community law.

Any agreement reached through the mediation process may be put in writing and signed by all parties.  These agreements can be ratified by an Adjudicator or the Consumer, Trader & Tenancy Tribunal.

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