Owners corp refuses to attend mediation

It doesn’t really matter if they attend mediation not.  Mediation agreements aren’t binding even if signed by the strata manager, which happened to me.

Even worse if you go to NCAT,  which costs a fortune in lawyers, the adjudicators don’t necessarily have legal training.  There’s also no law against an OC not allowing the quiet enjoyment of a property to a resident.

The law only mentions a resident not allowing quiet enjoyment, from memory.  The entire system needs a complete overhaul.

At the moment if the member of an OC doesn’t like an owner they can made their life hell.  TIME FOR CHANGE

It sounds as if someone’s parking in contravention of your by-laws. Are you trying to get the OC to enforce the by-laws?  What was the specific topic you requested mediation on?

Stacky wrote:

…mediation agreements aren’t binding even if signed by the strata manager which happened to me…

In the ACT Tribunal at least (I expect other Tribunals operate similarly), if an agreement is reached during  mediation/directions hearing, whatever is agreed is made into ‘consent orders’ so long as the parties agree and none of it would be actually illegal. The Tribunal member might privately think some aspect of the agreement is nuts but holds their tongue if all are happy to agree. Consent orders are proper orders of the Tribunal and must be complied with. If a party later goes back on the agreement, the recourse is to seek an enforcement order from the Magistrates Court. The Magistrates Court will order compliance and does not review the merits of the Tribunal’s orders.

Ziggy wrote:

… is there a process required by the Strata Committee to decline mediation?

Generally the secretary and/or strata manager will receive a notice from Fair Trading asking them if they are planning to attend the mediation.  There is an expectation that they will respond one way or another.

Do they need to hold a meeting?

I don’t think they need to hold a formal meeting but they can.

Am I meant to be on that meeting?

If there is a formal meeting, with an agenda issued, you are entitled to be there.  Otherwise it could just be a ring-around.

Are all the owners required to respond?

No, the committee represents the Owners Corp which represents the owners.

Is there any paper work required?

If you are talking about the response to the invitation to mediation, there would need to be an email or letter, even if it’s to say that mediation has been declined.  I don’t know what Fair Trading does if they get no response.  But all you have to do is prove that you attempted mediation then (and only then) you can move on to seeking orders at NCAT.

The strata committee needs to hold a meeting, and it can be a “paper meeting”, in order to appoint its nominees to attend the mediation on the owners corporation’s behalf, and give those nominees the authority to settle the matter. The secretary or strata managing agent responds  to the mediation invitation from Fair Trading with this information, by the due date given, otherwise it is deemed non attendance by the owners corporation. The response could also be that the owners corporation wishes to decline the invitation.

Fair Trading issues a mediation outcomes letter after mediation which is unsuccessful or partially successful, to the mediation applicant to then include in their application to NCAT. There is a similar letter for when mediation does not take place due to absence of a party. These letters are the necessary evidence that mediation has been attempted.