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Hi there, Thanks very much for any feedback on experience of the procedure at mediation. That is, does a decision get made around the table, and if it doesn’t, does the problem go to ‘adjudcation’ and after that to the tribunal? A minority of neighbours may be pressured into selling and are attempting to get a more reasonable outcome. This has happened following imposition (some of it without sound quoting process),of special levies significantly for payment during the festive season. The strata firm has sent out the paperwork for an executive committee meeting asking it to decide who wants to attend. Haven’t been through this before, and any clues most helpful please.
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Mediation is an attempt to resolve a dispute by getting both parties to agree on a solution. The agreement is not binding and there is no third-party ruling. Often, however, one party or both may become aware that they are in the wrong and settlement can be achieved.
If not, turrently the next step would be an adjudication at NCAT based solely on the evidence presented on paper. After that, either party can appeal to a Tribunal sitting where they can present their case in person
After November 30, the paper adjudication will be removed and you would go straight to a hearing.
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.
@BONNIE L said:
…Now one of the owners… wants to call a general meeting to discuss the issue on which a few of us are seeking mediation and due process. Can this party call a general meeting on the same issue… Would have thought after the mediation would be a good time for a general meeting if everyone wants that?In the ACT, and probably similar elsewhere, it is possible to force the EC to call a general meeting with a petition signed by 25% of the owners. The petition must specify the matter to be put on the agenda. Otherwise, an individual could ask the EC to call a general meeting. If the EC is persuaded to do so, then it can but it is not obliged without the 25% petition. Of course the AGM must occur approx. 1 year after the last one (details vary from state to state about how much wobble room there is and other constraints on the timing).
Based on ACT ACAT experience, I would expect it would only be for the ‘applicant’ and the ‘respondent’, one of which might be ‘the EC’. However, either party might invite others to observe or come for support or to be their representative.
Anyone can attend if invited by one of the participants. This is what the fair Trading website says:
It is important that all the relevant people involved in the dispute attend the session. Parties may bring a support person as well as a solicitor if you feel it is necessary and will assist the discussion.
However, the same website (CLICK HERE) also stresses the need for confidentiality, so turning up mob-handed or promoting it as a spectacle isn’t going to go down too well. That website has a lot of other valuable advice that makes it well worth a visit.
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.
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