Mediation
Disputes in strata and property settings are often ongoing, personal and disruptive. Mediation provides a structured, confidential pathway to resolve disputes without the cost, delay and uncertainty of litigation.
Bugden Allen advises bodies corporate/owners corporations, committees, strata managers, lot owners and property stakeholders on mediation (or conciliation) as an effective dispute resolution tool, including where mediation is a prerequisite to Adjudication, Tribunal or Court proceedings.
A Practical Pathway to Resolution
Many property and strata disputes arise from misunderstandings, competing expectations or breakdowns in communication. Mediation allows parties to explore outcomes collaboratively, rather than having a decision imposed by a Tribunal or Court.
Across most Australian jurisdictions, parties are expected — and in many cases required — to attempt mediation before commencing formal proceedings.
Common Disputes Resolved Through Mediation
Mediation is commonly used to resolve disputes involving:
By-law breaches (noise, pets, parking, renovations)
Use of common property
Levy and contribution disputes
Repairs and maintenance responsibilities
Nuisance and neighbour conduct issues
Governance and committee decision-making
Early mediation often prevents disputes from escalating into entrenched litigation.
How Mediation Works
While procedures vary slightly between jurisdictions, mediation is generally:
- voluntary and confidential
- facilitated by an independent mediator
- informal and discussion-based
- focused on practical, agreed outcomes
The mediator does not decide who is right or wrong and does not make binding orders. Their role is to assist parties to reach a mutually acceptable resolution.
Our Role in Mediation
We assist clients with mediation by:
- advising on whether mediation is appropriate
- preparing clients for mediation strategically and practically
- assisting with position statements and evidence
- advising during or following mediation on outcomes and next steps
Where mediation resolves the dispute, we assist with documenting outcomes by drafting legally binding agreements or deeds. Where it does not, we advise on escalation pathways, including Tribunal or Court proceedings.
Mediation as Part of a Broader Strategy
Our mediation work is closely integrated with our:
- By-Laws and Strata Advisory practice
- By-Law Breaches and Property Litigation services
This ensures mediation is approached with a clear understanding of legal rights, enforcement options and litigation risk.
Why Bugden Allen
Clients engage Bugden Allen for mediation matters because of our:
- specialist strata and property dispute expertise
- strong understanding of statutory dispute resolution frameworks
- practical, outcomes-focused advice
- ability to progress matters efficiently if mediation fails
We focus on achieving early, sustainable resolutions wherever possible.
To discuss mediation or dispute resolution options, contact our property litigation team.
Mediation — FAQs
Your Questions Answered
What is mediation in a property or strata dispute?
Mediation is a confidential process where an independent mediator helps parties in a dispute discuss issues and work toward a mutually acceptable resolution, without a binding decision being imposed.
Is mediation mandatory before going to Tribunal or Court?
In many Australian jurisdictions, mediation is required before certain property or strata disputes can proceed to a Tribunal or Court. The exact requirements depend on the applicable legislation.
What types of disputes are suitable for mediation?
Mediation is commonly used for by-law breaches, neighbour disputes, common property issues, levy disputes, repairs and maintenance disagreements, caretaking duties disputes and governance issues.
Who attends a mediation?
Mediation typically involves the parties to the dispute. This may include lot owners, bodies corporate/owners corporations, committee members and strata managers. Legal representation depends on the forum and agreement of the parties.
Does a mediator make binding decisions?
No. A mediator does not make binding orders or decide outcomes. Any agreement reached is voluntary and based on mutual consent.
What happens if mediation is unsuccessful?
If mediation does not resolve the dispute, parties may be able to escalate the matter to a Tribunal or Court, depending on the issue and jurisdiction.
Should legal advice be obtained before mediation?
Yes. Legal advice helps parties understand their rights, obligations and options, and ensures mediation is approached strategically.
How can Bugden Allen assist with mediation?
Bugden Allen advises clients before, during and after mediation, and assists with next steps if disputes are not resolved.
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