25 February 2025 / Matt Blewitt
Understanding mediation at Fair Trading – A guide for strata disputes
Conflicts in strata communities can strain the delicate balance of trust and collaboration. While many disputes are managed effectively by experienced strata managers, others require higher-level intervention. Mediation at Fair Trading NSW is a structured negotiation process facilitated by an impartial mediator, offering a practical and cost-effective alternative for resolving disputes in strata settings.
At All Suburbs Strata Management, we bring over 40 years of experience in residential strata management in Greater Sydney, Nepean and the Central Coast. We specialise in proactive communication and professional strata dispute resolution. Sometimes situations escalate and require professional intervention. Mediation offers a swift alternative that resolves conflicts promptly and efficiently.
What is mediation at Fair Trading?
Mediation at Fair Trading is a free, structured process where an impartial mediator helps resolve strata disputes. It provides a clear, step-by-step approach to addressing issues and reaching mutually agreeable solutions
A neutral mediator helps define the key issues in dispute, ensuring both parties clearly understand what needs to be resolved. They guide discussions to keep conversations focused and productive while assisting parties in exploring potential solutions. By encouraging participants to consider different strategies and assess their options, the mediator helps create a pathway toward resolution without imposing decisions.
The mediation process is both confidential and voluntary and creates a safe space for open dialogue. This encourages both parties to engage freely and work toward a mutually acceptable arrangement without the pressures of formal legal proceedings.
How does the process work?
To apply for mediation through Fair Trading, one party must submit an application outlining the dispute and relevant details. This process takes about 15 minutes online. Fair Trading reviews the submission and contacts the other party to seek their agreement to participate, if appropriate. If both parties consent, a mediation session is scheduled at a mutually convenient time.
Unlike court proceedings, mediation is informal and flexible to allow parties to discuss issues in a less adversarial setting and the focus is on communication and finding practical solutions.
During mediation, each party presents their perspective and relevant details supporting their position. The mediator asks questions to clarify key points and ensure a shared understanding. If an agreement is reached, it is documented in writing as a reference for all involved. While not legally binding, this record helps prevent future disputes by outlining the agreed terms.
When to consider mediation
Community living with shared spaces offers many benefits, but disputes can arise. Strata disputes often involve by-law breaches, noise complaints, unpaid levies or disagreements over repairs. When issues can’t be resolved through direct communication or with a strata manager’s help, mediation offers a way to resolve conflicts before they become too contentious.https://allsuburbsstrata.com.au/strata-repairs-and-maintenance/
Mediation is a suitable option when both parties are willing to negotiate but need assistance in reaching an agreement. It works best when disputes involve ongoing relationships, such as between neighbours or owners and the strata committee, where a cooperative solution is preferable to legal action.
When mediation fails
If mediation does not resolve the dispute, either party can apply to the NSW Civil and Administrative Tribunal (NCAT) for a formal ruling. NCAT reviews evidence from both sides and makes a legally binding decision, which all parties must comply with. This process is more structured than mediation and may require legal representation, depending on the complexity of the case.
For more serious or legally complex disputes, court action may be necessary. This is typically a last resort due to the higher costs, longer timeframes and formal legal procedures involved. Before taking this route, parties should seek legal advice to assess the strength of their case and potential outcomes.
Why choose All Suburbs Strata Management?
Our team follows a structured dispute resolution process aligned with strata by-laws, ensuring issues are resolved through procedure, not emotion. Owners can access dispute resolution procedures anytime, with most matters settled confidentially through internal mediation.
When general discussions are unsuccessful, strata residents and managers should consider mediation early to prevent disputes from escalating and preserve community relationships. Our strata managers can assist with coordinating independent dispute resolution.
At ASSM, we have over 40 years of experience in strata management for residential, community, commercial and industrial properties, and we specialise in compliance.
Are you looking for a reliable strata manager? Our team provides outstanding service and clear communication. The goal of everything we do is simple: to make life easier for you.
If you are considering buying into a strata scheme or want to secure a professional and qualified team, contact ASSM today.
Meet The Author
Matt Blewitt
Licensee in Charge / General Manager
Matt’s career began in property management, and he worked his way through a range of senior roles before returning to the family business. He now oversees ASSM strata portfolios with a practical focus on risk, consistency and keeping things running as they should. He believes clear communication, sound judgement and a willingness to own mistakes when they happen are the foundations of successful strata management.
What keeps Matt motivated is the people he works with, both within the team and across client communities. He understands the pressures owners and committees face and always balances compliance with common sense. This measured approach has been shaped by years on the ground and a genuine desire to do the job right, no matter the challenge.
We provide Australia’s most professional and comprehensive strata management services across Greater Sydney and other parts of NSW. Our expertise spans residential, community, commercial and industrial strata schemes. It’s easy to switch to All Suburbs Strata Management. See the extensive range of suburbs our certified strata managers oversee below.
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FAQs
What is mediation for strata disputes through Fair Trading?
Mediation is a free, structured and informal process offered by NSW Fair Trading where an impartial mediator helps resolve strata disputes, guiding both parties to discuss the issues and explore practical solutions without going to court or tribunal.
When should mediation be considered in a strata dispute?
Mediation is a good option when issues can’t be resolved through direct communication or with help from a strata manager or committee, and both parties are willing to engage in open dialogue to find common ground.
Do both parties have to agree to take part in mediation?
Mediation is generally voluntary, but participation is often required before most strata matters can be taken to the NSW Civil and Administrative Tribunal (NCAT) unless one party refuses or the Registrar deems it unnecessary.
How do I apply for strata mediation with Fair Trading?
You submit an online application to NSW Fair Trading outlining the dispute and relevant details. Fair Trading then contacts the other party about participating and schedules a session at a mutually convenient time.
What happens during a mediation session?
During mediation, each side explains their perspective while the neutral mediator facilitates communication, clarifies key points and helps both sides explore options. Any agreement reached is usually recorded in writing, though it’s not legally binding like a tribunal order.
What if mediation doesn’t resolve the dispute?
If mediation is unsuccessful, you can escalate the matter by applying to the NSW Civil and Administrative Tribunal (NCAT) for a formal decision, which is a legally binding process but generally more formal and costly than mediation.