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Mediation — resolving disputes without going to tribunal

How mediation works in Australian tenancy disputes. Free conciliation services, what to expect, and when mediation is a better option than applying to the tribunal.

5 min readUpdated January 2026
NSW
VIC
QLD
WA
SA
ACT
TAS
NT

What is mediation in a tenancy context?

Mediation (also called conciliation) is a structured conversation between you and your landlord, facilitated by a neutral third party, to help both sides reach a voluntary agreement. Unlike a tribunal hearing, the mediator does not decide who is right — they help both parties communicate and find a workable solution.

Most state tenancy authorities offer free conciliation services. In some states (particularly QLD and VIC), conciliation is a mandatory step before you can proceed to a tribunal hearing for certain dispute types.

Who provides mediation services?

Each state has services available:

StateServiceNotes
NSWNSW Fair Trading (informal conciliation)Available before NCAT; voluntary
VICRTBA conciliation / VCAT pre-hearing conferenceVCAT often schedules a compulsory conference before hearing
QLDRTA dispute resolution (conciliation)Mandatory first step for most disputes before QCAT
WAConsumer Protection WAInformal conciliation available
SAConsumer and Business Services SAConciliation available before SACAT
ACTACAT mediationOften available before formal hearing
TASCBOS conciliationAvailable before TasCAT
NTNT Consumer AffairsConciliation available

Advantages of mediation

Mediation has several advantages over a full tribunal hearing:

  • Free — no application fee (in most cases)
  • Faster — typically resolved in days to weeks, not months
  • Flexible — parties can agree on outcomes that a tribunal couldn't order (e.g., future payment plans, lease changes)
  • Less stressful — a conversation, not a formal proceeding
  • Preserves the tenancy relationship if you want to stay in the property

When mediation is NOT appropriate

Mediation requires both parties to engage in good faith. It is not appropriate when:

  • The landlord refuses to participate
  • There is a significant power imbalance or history of harassment
  • The issue involves an urgent matter requiring immediate tribunal intervention (e.g., illegal lockout)
  • The landlord's position is clearly unlawful and you need a binding order to enforce your rights

How to make the most of mediation

Go into mediation prepared. Know your ideal outcome, your minimum acceptable outcome, and what you are willing to concede. Be specific — vague requests ('just sort it out') lead to vague agreements. Any agreement reached should be put in writing, signed by both parties, and kept safely.

If you reach an agreement in mediation and the other party later doesn't comply, you can take the written agreement back to the tribunal for enforcement. A signed mediation agreement is as good as a signed contract.

This guide provides general information based on current Australian tenancy legislation. It is not legal advice. Always verify with the relevant state tenancy authority or a qualified professional for your specific situation. Last verified: January 2026.

Tenancy law changes constantly.

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