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Mediation is a structured negotiation process in which a neutral and independent mediator assists parties in dispute to achieve their own resolution.
Where a mediated settlement has been reached, it may be ratified as a binding order by the Strata Schemes Adjudicator. This requires the consent of the parties [s. 131 (2a) & (2b)].
The Office of Fair Trading provides a mediation service through the Mediation Services Unit. Other mediation services, which are approved by the Commissioner for Fair Trading, can be used. Many disputes can be resolved through mediation. The mediator’s role is to assist the parties to:
- identify the issues in dispute
- raise and consider options and strategies by which the issues may be addressed
- discuss the issues and options with a view to negotiating a settlement they can all live with.
Mediation is the preferred way to resolve a dispute. If mediation is not successful, an application to the Strata Schemes Adjudicator or the Consumer, Trader and Tenancy Tribunal can be made.
In many situations mediation must be attempted before an application for adjudication can be considered. The registrar of the Tribunal will decide which matters do not need mediation although some matters are automatically exempt (eg. Interim orders, variation of unit entitlement, appointment of managing agents).
