#26273
Jimmy-T
Keymaster

    You apply for mediation on the grounds that the meeting wasn’t properly conducted (or whatever).

    They may refuse to attend or fail to respond but you have started the process within the 28 days.

    The critical box on the form that requires a tick is one that asks if mediation has been attempted.  It has still been attempted even if they refuse.  The only person required to attend a mediation for it to be valid is the person who initiated the action (and you would, would’t you, even if you knew the other side had no intention of turning up).

    Bear in mind there is a new system and new forms following the introduction of the new laws last month (December 2017).

    You can download a Fair Trading mediation form here  and an NCAT application form here .

    You will find the NCAT information page on applying for a Tribunal hearing HERE.  NB: There are no longer “paper” adjudications – after meditation, you go straight to a tribunal.

    Good luck 

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.