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Sujenna, you misunderstand the point of mediation. It is not to formally resolve the problems in respect of the strata Act. It is instead to get the parties together informally and try to bridge the dispute(s). You instigating the mediation means you must attend the mediation, but the other side, the OC can choose not to attend, if they want.FYI, my recent mediation sessions lasted 3 hours each and were conducted by telephone.
Of course the OC’s non attendance means you can then go to NCAT straight away.
Even if the OC turns up, they may not agree to what you want.
Even if the OC’s representatives turn up and agree to what you want, that agreement may be worthless as they may go back to their bad behaviour the next day, as happened in my case (from where I took the matter to NCAT).
If you apply for mediation list on the application form all the grievances you have because when mediation will fail to solve all the issues, typically the mediator will list in his/her report on the mediation the issues that were not resolved or partly resolved. And that document is to be attached to your NCAT application form.
NSW Fair Trading’s website seems to have been renovated very recently. I suggest you look at point (3) at the following https://www.nsw.gov.au/housing-and-property/strata/disputes-complaints#domediation
You will find a tab for online complaint form to be completed.
