Mediation is a confidential and structured meeting where parties discuss ways to settle their dispute with the help of a mediator.
There are no fixed rules about what happens in mediation. Generally the mediator will:
Some mediators are Tribunals Members and others are specialist mediators. 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.
Before your mediation session, you should:
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.
Visit the LawAccess NSW website for information on how to prepare for mediation.
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 your case does not settle it will be listed before a Tribunal Member to decide what the next step will be.
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.
08 Sep 2022
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.