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What is mediation at Fair Trading?

Posted 20 May 2024

Category: NCAT and Court Proceedings, eBooks

Mediation at Fair Trading NSW is a structured negotiation process in which a neutral third-party, known as a mediator, assists disputing parties to communicate with one another with the goal of reaching a mutually acceptable agreement. Mediation is a common method used to resolve various types of disputes in New South Wales, including those related to strata schemes, retail tenancy, and other residential and business matters.

Here are some key aspects of mediation at Fair Trading NSW:

  • Voluntary Process: Mediation is typically a voluntary process, meaning that both parties must agree to participate.
  • Neutral Mediator: The mediator is an impartial individual trained to facilitate productive communication between the parties. They don’t take sides or make decisions for the participants.
  • Confidential: Discussions in mediation are usually confidential. This means that what has been said during the mediation session cannot typically be used later in court or other legal proceedings unless both parties agree.
  • Goal of Mutual Agreement: The objective of mediation is to help the disputing parties find common ground and come to a mutually acceptable resolution. This often results in a more collaborative and less adversarial outcome than formal legal processes.
  • Cost-effective: Mediation can be a more cost-effective way to resolve disputes compared to litigation or other formal dispute resolution mechanisms.
  • Less Formal: The environment in mediation is generally less formal than in a courtroom, which can make participants feel more at ease and open to discussion.
  • Flexible Solutions: The solutions arrived at during mediation can be more flexible and tailored to the specific needs and desires of the parties than a Tribunal-imposed decision.
  • Application Process: If individuals want to pursue mediation through Fair Trading NSW, they typically need to submit an application, providing details about the nature of the dispute and the parties involved.
  • Not Always Successful: While many disputes are resolved through mediation, it’s not always successful. If parties can’t come to an agreement during mediation, they might have to explore other avenues, such as legal action or applying to the Tribunal.

In the context of strata disputes in NSW, mediation through Fair Trading provides an avenue for lot owners, the owners corporation, and other involved parties to resolve their disagreements without resorting to the more formal and often more confrontational process of the NSW Civil and Administrative Tribunal (NCAT) or courts.

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This is an extract from our Bannermans NCAT Strata Disputes ebook.

To access more FAQ'S on NCAT Strata Disputes fill in the below form to download our Bannermans NCAT Strata Disputes ebook for free.

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Bannermans Lawyers

Published 20 May 2024