Mediation
When direct communication has failed, professional mediation offers a structured, neutral way to resolve neighbour disputes without going to court. It's often free, confidential, and can help you reach agreements that seemed impossible.
What Is Mediation?
Mediation is a structured meeting between you and your neighbour, guided by one or two independent, trained mediators. The mediators are impartial—they don't take sides, make judgments, or impose solutions. Instead, they facilitate communication and help both parties work toward a mutually acceptable agreement.
💡 Why Choose Mediation?
Mediation can save you time, money, and stress. It's faster and cheaper than court, helps preserve the relationship (you'll still be neighbours), and gives you control over the outcome rather than having a judge decide.
Benefits of Mediation
- Free or low-cost: Government-funded community mediation services are usually free
- Quick: Sessions typically scheduled within 2-4 weeks, resolved in one 3-4 hour session
- Confidential: What's discussed stays in the room
- Voluntary: Both parties must agree to participate and can leave at any time
- Flexible: You create the solution, not a judge
- Less adversarial: Focuses on problem-solving, not winning or losing
- Relationship preservation: Helps you find ways to coexist peacefully
- No legal record: Not like a court case on your record
How Mediation Works
Application
One party contacts a mediation service and provides details about the dispute and the neighbour's contact information.
Assessment
The mediation service assesses whether the matter is suitable for mediation (not all disputes are).
Invitation
The service contacts the other party to explain the process and invite them to participate. Both parties must agree for mediation to proceed.
Pre-Mediation Contact
The mediator may speak to each party separately to understand their perspective and prepare them for the session.
The Mediation Session
Both parties meet with the mediator(s) at a neutral location. Each person gets to tell their side of the story without interruption. The mediator helps identify the real issues and guides discussion toward solutions.
Agreement
If an agreement is reached, it's written down. Both parties can sign it. While not automatically legally binding, it can be made so if both parties agree.
What Happens During the Session?
A typical mediation session lasts 3-4 hours and follows this structure:
Opening Statement
The mediator explains the process, sets ground rules (respect, no interruptions, confidentiality), and establishes that they're neutral.
Each Party's Story
Each person gets uninterrupted time to explain their perspective, concerns, and what they want. The mediator asks clarifying questions.
Issue Identification
The mediator helps both parties identify the core issues and separate them from emotional reactions.
Discussion and Options
Together, you explore possible solutions. The mediator might suggest options or ask questions to help you think creatively.
Private Sessions (If Needed)
The mediator might meet with each party separately to discuss sensitive issues or test possible solutions.
Agreement
If you reach agreement, the mediator writes it down clearly. Both parties review and can sign it.
Preparing for Mediation
To get the most out of mediation:
- Clarify your goals: What do you actually want? Be realistic.
- Bring your diary: Have dates, times, and specific examples ready
- Bring relevant documents: Photos, letters, council reports, etc.
- Think about solutions: Come with ideas, not just complaints
- Be prepared to listen: You'll hear things you might not like
- Be prepared to compromise: You won't get everything you want
- Stay calm: Emotional outbursts won't help your case
- Focus on the future: How can you coexist moving forward?
Free Mediation Services by State/Territory
New South Wales
⚠️ Important Change to NSW Mediation Services
As of 30 June 2025, NSW Community Justice Centres (CJCs) no longer accept self-referrals for neighbour disputes. The service now only takes court-ordered or incorporated association-referred matters. You can no longer contact CJC directly for free mediation of typical neighbour disputes as was previously available.
Community Justice Centres (Limited Access)
Freecall: 1800 990 777
Website: www.cjc.justice.nsw.gov.au
Note: Now only accepts court-ordered or incorporated association referrals
Alternative Free & Low-Cost Mediation Services in NSW:
NSW Fair Trading – Free Mediation Services
Phone: 13 32 20
Website: www.fairtrading.nsw.gov.au
Free mediation for certain residential disputes including strata and tenancy matters
Community Legal Centres NSW
Phone: (02) 9212 7333
Website: www.clcnsw.org.au
Find your local community legal centre – many offer free legal advice and some provide mediation services
Interact Community Dispute Resolution Service (ICDRS)
Phone: 1300 079 345
Website: www.icdrs.org.au
Pro-bono community mediation service for neighbour and community disputes
Resolution Institute (Accredited Mediators)
Phone: 1800 651 650
Website: www.resolution.institute
Find accredited private mediators – costs vary, some offer reduced rates for community disputes
Australian Disputes Centre
Phone: 1800 651 600
Website: www.disputescentre.com.au
Private mediation services with sliding scale fees available
Victoria
Dispute Settlement Centre of Victoria
Freecall: 1800 658 528
Website: www.disputes.vic.gov.au
Queensland
Dispute Resolution Centres
Phone: (07) 3006 2518
Website: www.justice.qld.gov.au
South Australia
Uniting Communities Mediation Service
Phone: 8202 5960 (metro) / 1300 886 220 (country)
Website: www.unitingcommunities.org
Western Australia
WA Legaa Aid - Mediation and dispute resolution
Phone: 1300 650 579
Website: WA Legaa Aid
Tasmania
Community Legal Centres Tasmania
Website: CLC Tas
Australian Capital Territory
Conflict Resolution Service
Phone: (02) 6189 0590
Website: www.crs.org.au
Northern Territory
Community Justice Centre
Contact your local court for mediation services
Website: The Community Justice Centre
When Mediation Might Not Work
Mediation isn't suitable for every situation:
⚠️ Mediation May Not Be Appropriate If:
- There's a significant power imbalance or fear
- Domestic violence or serious threats are involved
- One party refuses to participate in good faith
- The issue requires a legal determination of rights
- One party has a severe mental health issue preventing rational discussion
- Criminal behavior is involved
What If They Refuse?
Mediation is voluntary—your neighbour can refuse. If they do:
- The service won't disclose why they refused
- You can't force them to attend
- This doesn't mean you have no options—you can still pursue other avenues
- In some tribunal cases, attempting mediation first may strengthen your position
Is the Agreement Legally Binding?
Agreements reached in mediation are not automatically legally binding. However:
- Both parties can agree to make it legally binding by signing a specific statement
- Even without legal force, most people honor mediation agreements
- If someone breaks the agreement, you can use it as evidence in court
- Some agreements can be registered with a court to make them enforceable