Short answer
Strata mediation is an informal, assisted process offered through NSW Fair Trading, where a neutral mediator helps the parties in a dispute reach their own agreement. It’s free, voluntary and confidential, and for many strata disputes attempting mediation is expected — sometimes required — before you can apply to NCAT.
What mediation is
A mediator doesn’t take sides or impose a decision. They help the parties talk the problem through and try to find an agreement everyone can live with. It’s much quicker and cheaper than a tribunal hearing, and because it’s confidential, what’s said in mediation generally can’t be used against a party later. Any agreement reached is recorded so both sides are clear on what was settled.
How to request it
You apply to NSW Fair Trading for mediation, describing the dispute and who’s involved. Fair Trading contacts the other party to see if they’ll take part — it’s voluntary, so the other side can decline. If they agree, a mediator is arranged. If mediation isn’t attempted or doesn’t resolve the matter, you can then take the dispute to NCAT, and Fair Trading can confirm mediation was tried, which the Tribunal usually expects.
When mediation is the right step
Mediation works best where the relationship still needs to function — neighbours, a committee and an owner, co-owners in the same building. It’s less suited to matters where you need an enforceable order fast, or where the other party simply won’t engage. In those cases mediation may still be a required first step before the Tribunal will hear you.
Fewer disputes to mediate
Many strata disputes grow from something small left unattended — a request ignored, a decision not recorded, a levy not followed up. A scheme running on Straita logs issues and keeps the records as it goes, so disagreements get handled early and there’s a clear, dated trail if one ever does need mediation.
Primary sources
- NSW Government — Strata schemes (Fair Trading) — strata mediation service and how to apply.
- Strata Schemes Management Act 2015 (NSW) — dispute resolution provisions.
- NCAT — NSW Civil and Administrative Tribunal — where disputes go if mediation doesn’t resolve them.