Under the Strata Schemes Management Act 1996 and Community Land Management Act 1989 mediation must generally be attempted to resolve a dispute before the CTTT can accept an application.

The Office of Fair Trading has qualified mediators who are skilled in dealing with strata and community schemes disputes.  Other mediation services approved by the Commissioner for Fair Trading may also be used, such as a Community Justice Centre.

What is mediation?

Mediation is an informal negotiation process in which a neutral and independent mediator assists parties in dispute to achieve their own settlement. 

Any settlement reached is binding for those involved.  The settlement agreement may be made into an enforceable order by an Adjudicator.

If no settlement is reached or an agreement breaks down, an application may be made for an order by an Adjudicator or a Tribunal Member.

Is mediation compulsory?

Yes, for most strata and community schemes applications.  Under the Strata Schemes Management Act 1996 and Community Land Management Act 1989 mediation must be attempted before an application is lodged at the CTTT. 

However, there are some applications which do not require mediation.  These include the appointment of a compulsory strata managing agent, allocation of unit entitlements and penalty disputes.  You may wish to contact the Office of Fair Trading on 13 32 20 for information about mediation requirements.