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Topic
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We currently have an application for an Adjudicator’s order in process. We have been able to view all submission this week, including the respondent’s submission. This submission has been prepared by a solicitor and rebuts all of our claims, it is full of lies, manipulations and factual errors. I presume we have no comeback on this – we would really like to add to our submission regarding the lies and also the breach of confidentiality agreement at mediation.
We do have concerns about references to the discussion that took place during the mediation process. We were told this was confidential, could not be discussed with anyone and we actually signed a confidentiality agreement. How is this admissible in their submission when it clearly states that any discussions at mediation can not be used in any future hearings.
They are now even asking for an order for us to stop harassing them – they give examples of 2 occasions in an 8 month time frame when we personally knocked on their door and asked them politely to ‘keep the noise down’. Of course their version is that we were intimidating, inappropriate, rude etc etc.. It has taken me 3 days to fully read their submission as I get so upset.
Am I right about the confidentiality agreement.
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Replies
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Hi drshelley,
My understanding is that the discussions at mediation are supposed to be confidential and not used in future submissions. Dont worry too much about the claims made by the respondant at this stage, the adjudicator will consider all submissions. In my case the respondant tried to accuse me of intimidation against thier tenants but did not provide any evidence. I am assuming you have some supporting doccumentation from visitors and neighbours who have experienced the noise transmission. I dont think the CTTT can issue orders akin to an AVO and require you not to contact the other party. I would hardly think that two visits over an 8 month period would amount to harrasment. I would wait for the adjudicators orders and then if necessary appeal any decisions you are not happy with.
Hope all goes well. Keep us posted