Mediation

Mediation is a confidential and structured process where parties discuss ways to settle their dispute with the help of a mediator.

When does NCAT use mediation?

NCAT uses mediation as part of its resolution processes. At NCAT's discretion, mediation is offered to parties in suitable anti-discrimination matters and review applications about access to information, privacy and state revenue. In exceptional circumstances NCAT may offer mediation in care and protection cases.

For all other matters, you can use an external mediation service to attempt to resolve your dispute at any stage during the NCAT process. 

Who is the mediator?

The mediator will be a Tribunal Member or a person on the President’s List of Mediators who has relevant training and experience.

The mediator does not decide the case. Their role is to help identify your concerns, think about the options for resolving the dispute and reach an agreement that is acceptable.

How to prepare for mediation

Before your mediation session, you should:

1. Make a list of all your concerns and what you think the other party’s concerns may be. 
2. Write down some options for resolving the case. 
3. Think about what will happen if the case does not settle.
4. Gather any relevant documents such as medical reports or investigator reports. You may be directed to provide evidence or exchange other information before the mediation.

What to expect during mediation

The mediator will:

• Outline the role of a mediator and explain the mediation process
• Ask each party to express their concerns while everyone listens
• Ask for suggested options which are likely to be acceptable to everyone
• Speak to the parties separately to help them identify the strengths and weaknesses of their case and the alternatives to having the case determined at a hearing
• Help the parties come to a final agreement

Coming to an agreement

If the parties come to an agreement at the mediation, they should make a written record and sign it. The mediator will make copies for the parties.

If the parties want NCAT to make orders in the terms of their agreement, the case will be listed before a Tribunal Member to consider that application.

NCAT can only make orders that it would have been able to make if the case was decided after a hearing. Any agreement where NCAT would not be able to make orders may be noted.

If you do not settle

If your case does not settle, it will be listed before a Tribunal Member to decide what the next steps will be.

If you do not participate in mediation

If the applicant does not participate, the mediator will list the case before a Tribunal Member to consider whether the application should be dismissed.

If the respondent does not participate, the case will be listed before a Tribunal Member to decide what should happen next.

Useful resources

• Guideline - Resolution Processes in the Administrative and Equal Opportunity Division (PDF, 186.0 KB)