A better way to resolve disputes

The mediator.

It is a fact of life that business dealings and relationships can lead to disputes.

Contracts regularly strike trouble when something unexpected happens, or when one side doesn’t think the other has delivered what was promised. Maybe you are a subcontractor who remains unpaid for work by a builder. Perhaps you are in conflict over a lease for an office, restaurant, shop or industrial site.

Problems when doing business can also arise from events beyond your control. These could be anything from supply chain issues to market changes, loss of key personnel or even a global pandemic.

These situations can be stressful, frustrating and timeconsuming. If you are reading this guide, you may be facing the difficult choice of:

1. doing nothing and waiting to see if things get better

2. trying to negotiate with the other party yourself

3. going to court to seek a legal judgement

4. using a mediator to try to settle the issue early and out of court. This guide focuses on using a mediator to try to settle the issue out of court. Mediation involves using a neutral third party to help you reach an agreement with another person or business entity as quickly as possible. The NSW Small Business Commission offers a costeffective and confidential mediation service. (For more information, see pages 9-10 of this guide).

Mediation is usually the best way to resolve a dispute. It is a fast and flexible approach and available for all civil matters involving businesses. The mediator provides a much-needed circuit-breaker by speaking to the parties, either in person or via videoconference.

As early as possible, the mediator will help everyone find a solution they can accept, without having to pursue litigation through the courts.

Common questions

How much does mediation cost?

It costs nothing for you to apply for mediation with the NSW Small Business Commission, and there are no costs for speaking to our office. If a mediator is appointed and a date agreed, each party will be asked to pay a share of the cost. Current costs are available online at www.smallbusiness.nsw.gov.au.

Do I need a lawyer?

Although lawyers are not required in the mediation process, their support can be helpful. Obtaining legal advice is often recommended. You will know in advance whether the other party is represented by a lawyer.

Who can appoint a mediator?

The Registrar of Retail Tenancy Disputes (sitting within the NSW Small Business Commission) is the only person in NSW who can appoint a mediator for a retail tenancy matter. For other types of disputes, the parties can agree to use our mediators or seek out private mediators. If a dispute has already gone to court, the judge may appoint a mediator.

Can I use an interpreter?

As a NSW Government service, the NSW Small Business Commission will provide qualified interpreters at no cost. Parties can also engage their own support teams.

Will the mediator make me give up my rights, or cut my claim in half?

No. If a settlement is possible in your dispute, the mediator will help you find it as quickly as possible. If no agreement can be reached, you will also know this at an early stage, and can pursue your rights in full as normal.