Mediation

Strata and community schemes

Mediation is compulsory for most strata and community schemes disputes before an application can be made to NCAT.

NSW Fair Trading has qualified mediators who are skilled in dealing with strata and community schemes disputes.  Other approved mediation services may also be used.

What is mediation?

Mediation is a structured negotiation process.  A neutral and independent mediator assists the parties to identify the issues in dispute and to consider and discuss options with a view to negotiating a settlement. Any settlement reached is binding for those involved.  The settlement agreement may be made into an enforceable order by an Adjudicator.

If settlement is not reached or the agreement breaks down, an application may be made to NCAT for Adjudicator orders or Tribunal orders.

Why is mediation compulsory?

The Strata Schemes Management Act 1996 and Community Land Management Act 1989 state that mediation must be attempted before an application can be lodged at NCAT. 

The following disputes types do not require mediation:

  • Appointment of a compulsory strata managing agent
  • Allocation of unit entitlements
  • Penalty disputes.

Contact NSW Fair Trading on 13 32 20 for more information about mediation requirements.