What property and construction disputes can be mediated?
- Property transaction disputes — disputes arising from the sale or purchase of property, including misrepresentation, failure to complete, and deposit disagreements
- Commercial lease disputes — rent reviews, lease renewals, make-good obligations, outgoings, and landlord/tenant conflicts
- Retail shop lease disputes — disputes governed by state retail leases legislation, where mediation is often a mandatory step before litigation
- Easement and right-of-way disputes — access, maintenance obligations, and claims that easements are being blocked or exceeded
- Boundary disputes — encroachments, fencing disputes, and disputes about survey results
- Development disputes — between developers, landowners, neighbours, and councils, including objections, conditions, and development agreement terms
- Building contract conflicts — defective work, variations, payment claims, time delays and contract termination under residential and commercial building contracts
- Strata and owners corporation disputes — between lot owners, between owners and the strata manager, and disputes about by-laws and levies
Retail shop leases — mediation is often mandatory
Each state and territory has its own retail leases legislation, and most require landlords and tenants to attempt mediation before a dispute can proceed to tribunal or court. In NSW, the Retail Leases Act 1994 provides a mediation pathway through the NSW Small Business Commissioner. In Victoria, the Victorian Small Business Commission administers retail lease disputes. Our mediators are familiar with the procedural requirements across all major jurisdictions.
Building and construction disputes — why early mediation matters
Building disputes are notoriously expensive to litigate because they require expert evidence — structural engineers, quantity surveyors, building consultants — that accumulates cost quickly. A disputed defects claim worth $80,000 can cost both parties that amount again in legal and expert fees before it gets to hearing.
Early mediation resolves most building disputes in a single session. The mediator doesn't determine who is right on the technical question; they help the parties find a practical resolution both can accept. Most building contract disputes settle around an agreed scope of remedial works, a negotiated deduction from the contract price, or a combination of both.
| Dispute type | Common resolution |
|---|---|
| Defective work | Agreed scope of rectification, or a price reduction reflecting the defects |
| Variation claim | Agreed value for authorised variations; disputed ones written off or reduced |
| Delay / liquidated damages | Agreed extension of time, partial waiver, or structured payment plan |
| Incomplete works | Agreed completion timeline or buyout of incomplete scope |
| Payment dispute | Undisputed amounts paid; disputed claims mediated to an agreed figure |
Strata and neighbours — the value of an early conversation
Neighbour and strata disputes that go to tribunal often leave parties living next door to each other in permanent hostility. Mediation achieves a practical resolution — fencing, noise, access, by-law compliance — before the relationship is permanently poisoned. It's usually over in a single afternoon.
Can mediation be used during active court or tribunal proceedings?
Yes. Courts and tribunals regularly refer property and construction disputes to mediation — and parties can choose private mediation at any stage of proceedings, including after claims have been filed. A mediated resolution at any stage saves the remaining cost of the litigation and gives the parties control over the outcome. See commercial mediation → or estate dispute mediation →