Mediation Services

Resolve disputes. Find common ground. Move forward.

Disputes can be stressful, costly and time-consuming. They can also damage relationships that may need to continue long after the dispute itself has ended. Mediation provides an alternative.

Our Mediation Services

Our Principal Solicitor, Anna Minassian, is an AMDRAS accredited mediator registered with Resolution Institute, bringing extensive legal experience and a practical, measured approach to the mediation process.

Anna conducts mediations across a broad range of disputes, with particular experience in property, neighbourhood disputes, strata, building and commercial matters.

Strata and Community Living Disputes

With extensive experience in strata and property law, we understand that disputes within strata communities are rarely just about the legal issues. They can involve competing interests, personalities, financial considerations and relationships between people who may continue living or working alongside one another.

We can mediate disputes involving:

  • owners corporations and lot owners;
  • disputes between lot owners;
  • strata committees and individual owners or occupiers;
  • by-law disputes (including unreasonable refusal of by-laws and breach of by-laws);
  • common property and repair obligations;
  • water penetration and property damage;
  • renovations and alterations;
  • levies and financial disputes;
  • BMCs and strata management statements;
  • caretaker and facilities management agreements;
  • other disputes arising within strata and community living environments;
  • disputes involving commercial, residential or industrial schemes; and
  • Company title disputes and company constitutions.

Property and Neighbourhood Disputes

Disputes between neighbours can become deeply personal and difficult to resolve through correspondence or conversations alone. In most cases the time and cost of attempting to litigate is a deterrent for parties to try and resolve the dispute.

Mediation provides a controlled environment in which the parties can discuss the problem and explore practical solutions.

This can include disputes concerning:

  • noise and nuisance;
  • trees and vegetation;
  • dividing fences and boundaries;
  • access;
  • property damage; and
  • other neighbourhood disputes.

Contractual and Commercial Disputes

Not every commercial disagreement needs to end in litigation.

Vinc Legal provides mediation for a range of contractual and commercial disputes, including disputes between businesses, service providers, contractors, property owners and other commercial parties.

Mediation can assist parties to consider not only their strict legal positions, but also the commercial realities of the dispute and the value of achieving certainty and moving forward.

Building Defects and Construction Disputes

Building and construction disputes can quickly become complex, involving owners, builders, developers, consultants, contractors, insurers and technical experts. Mediation can provide an opportunity to address both the legal and commercial aspects of the dispute without waiting for lengthy court or tribunal proceedings. Most AS4000 and Master Builders Association contracts include a path for alternative dispute resolution, including mediation.

Meet Your Mediator

Anna Minassian

Anna Minassian is the Principal Solicitor of Vinc Legal and an AMDRAS accredited mediator registered with Resolution Institute.

Anna brings extensive experience in strata, property, building and contractual disputes to her mediation practice.

Her experience dealing with complex disputes allows her to understand the legal, commercial and practical issues that can sit behind a disagreement, while her role as mediator remains independent and impartial. Anna’s approach is calm, practical and focused on creating an environment in which each party has an opportunity to be heard, the real issues can be identified and meaningful options for resolution can be explored. As mediator, Anna does not act as the lawyer for either party and does not determine the outcome of the dispute. Her role is to facilitate the mediation process and assist the parties in working towards their own resolution.

Frequently Asked Questions

Litigation and tribunal proceedings have an important role in resolving disputes, but they are not always the most efficient or practical solution.

Mediation is a confidential and structured process in which an independent and impartial mediator assists parties in dispute to communicate, understand the issues between them and explore options for resolution. Unlike a judge or tribunal member, the mediator does not decide who is right or wrong and does not impose an outcome. The parties retain control over whether they reach an agreement and, importantly, what that agreement looks like.

This flexibility means mediation can often achieve practical outcomes that may not be available through a court or tribunal. Mediation can be particularly valuable where the parties have an ongoing relationship, whether as neighbours, property owners, members of a strata community (such as an owners corporation, community association, company title or BMC), businesses or contracting parties.

Mediation can provide parties with:

  • Control – The parties decide whether to settle and determine the terms of any agreement.
  • Confidentiality – Mediation provides a private environment in which issues and possible solutions can be discussed.
  • Flexibility – Parties can explore practical and commercial outcomes that may go beyond the remedies available through a court or tribunal.
  • Efficiency – A private mediation can often be arranged and conducted significantly sooner than a government funded mediation and much sooner that a matter will be listed for a final hearing.
  • Cost effectiveness – Resolving a dispute at mediation may substantially reduce the legal and expert costs associated with prolonged proceedings.
  • Preserving relationships – Where parties need to continue living, working or doing business together, mediation can provide a less adversarial way of resolving their differences.

Mediation is generally conducted on a confidential basis, subject to the terms of the mediation agreement and applicable law.

Confidentiality allows parties to have open and constructive discussions about the dispute and potential solutions.

Before the mediation takes place, the parties will ordinarily enter into a mediation agreement setting out the basis upon which the mediation will be conducted, including confidentiality arrangements.

The cost of mediation will depend on the anticipated duration of the mediation (for example, half day 4 hours or full day 8 hours).

Vinc Legal can provide information about the applicable mediation fees before the parties agree to proceed.

Contact us for a fee proposal for your mediation.

The parties will ordinarily agree on how the mediator’s fees are to be paid.

The most common arrangement is for the mediation fee to be shared equally between the parties.

The agreed payment arrangements will be confirmed before the mediation and funds are required in trust before the mediation is scheduled.

No. This is entirely at the discretion of the parties.

If you do intend to bring your lawyer to the mediation please ensure that the other side is aware and consents to the mediation taking place.

Although an experienced lawyer, as an independent mediator, Anna cannot provide either party with legal advice during the mediation.

Not necessarily.

Depending on the circumstances, mediation may involve joint discussions, separate discussions between the mediator and each party, or a combination of both.

The mediation process can be adapted to suit the circumstances of the particular dispute.

Please let Anna know if you do not feel comfortable or are fearful being in the same room as the other party.

Yes.

Anna can conduct mediations in person or online, depending on the nature of the dispute and the preferences of the parties.

Online mediation can be particularly useful where parties are located in different areas.

If the parties reach an agreement, the agreed terms can ordinarily be documented.

Depending on the nature of the dispute, the parties may wish to have their lawyers prepare or review a settlement agreement, deed, consent orders or other appropriate documentation.

The parties are not required to settle simply because they attend mediation.

If an agreement cannot be reached, the parties generally retain their legal rights and options which are otherwise available to them, subject to the circumstances of their particular dispute.

Even where the entire dispute is not resolved, mediation can sometimes narrow the issues between the parties or resolve particular aspects of the dispute.

Documentation confirming that parties attempt to mediation or participation in mediation without a resolution can be provided upon request.

There is no single right time.

Mediation can take place when a dispute first arises, after negotiations have stalled, before court or tribunal proceedings commence, or while proceedings are already underway.

In some cases, mediating before the parties incur substantial legal and expert costs can provide greater flexibility to reach a commercially sensible resolution.

Even if the parties have attempted mediation once (usually proper to commencing proceedings) it does not prevent them to attempt mediation again before a final hearing.

Get in Touch

Strata Law is a niche area, this is why choosing a strata specialist law firm is vital for obtaining cost-effective advice and resolution of your legal problems.

If you have questions about strata law or need assistance with a specific issue, please do not hesitate to reach out. We are here to help you every step of the way.

  • 02 8076 6016
  • info@vinclegal.com.au
  • Level 21/133 Castlereagh Street, Sydney, NSW 2000

Alternatively, you can fill out the form below, and we will get back to you as soon as possible.