Mediation

When does NCAT use mediation?

NCAT uses mediation as part of its resolution processes. Mediation is offered to parties in suitable anti-discrimination matters, and review applications about access to information, privacy, and state revenue. 

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

What to expect during mediation

There are no fixed rules about what happens in mediation. Generally the mediator will:

• Explain the mediation process and outline their role
• 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

Who is the mediator?

The mediator will be a Tribunal Member or a person on the Tribunal'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.

Bring any relevant documents such as medical reports or investigator reports. You may be directed to provide evidence or exchange other information before the mediation.

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 consent orders if it has the power to do so. Otherwise it can note the agreement of the parties.

If you do not settle

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

External mediation services

The following organisations provide free mediation services for cases dealt with by NCAT.

• NSW Fair Trading Strata Mediation Service - Free mediation for strata or community schemes disputes.
• NSW Small Business Commission Mediation Service - Specialist mediation for disputes between retail tenants and lessors.