How binding is a mediation determination? | NCAT - the NSW Tribunal | Flat Chat Forum: Your Questions Answered




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How binding is a mediation determination?
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BONNIE L
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01/12/2016 - 9:14 pm
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Hi there, Wondering how binding the mediation assessment is? It looks very sound on paper, and giving some owners hope that the more reasonable determination will prevail.  Any thoughts appreciated, thanks. 

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Lady Penelope
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01/12/2016 - 9:50 pm
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Any settlement reached at the end of a mediation is binding for those involved. The settlement may be made into an enforceable order by an Adjudicator where the parties agree. If no settlement is reached or an agreement breaks down, one side can apply for an order by an Adjudicator or the NSW Civil and Administrative Tribunal (NCAT).

......an extract from the NSW Dept of Fair Trade site.

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JimmyT
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01/12/2016 - 10:48 pm
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I'd just like to point out the difference between "assessment" the word used in the original post and "settlement" the word used on the Fair Trading website.

A Fair Trading mediation doesn't offer an assessment.  It offers the opportunity for both parties to reach some sort of mutual agreement.  If they don't agree, the Fair Trading mediator is not a referee, judge or adjudicator.  There is no objective ruling made.  Hope that makes sense.

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