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Mediation of shared-property and management disputes — Mediator

Describe the shared-property or management dispute, the parties involved and the issues they wish to discuss. Identify participation and decision-making arrangements before booking mediation. Explain relevant deadlines without expecting the mediator to determine ownership or legal liability.

Service scope

Voluntary mediation of a defined dispute involving shared-property owners, residents, a management body or a managing business. The mediator identifies the participating parties, consent and authority to agree outcomes; mediation is not an adjudication of ownership or legal liability.

What is normally included

  • Establish participating parties and the mediation scope
  • Facilitate voluntary discussion of the defined issues
  • Record agreed outcomes within participant authority

What is not included

  • No binding decision for non-participants
  • Assuming a manager can bind all owners
  • Adjudicating ownership or service-charge liability
  • Substituting for a legally required decision process

Typical tasks

  • Establish participating parties and the mediation scope
  • Facilitate voluntary discussion of the defined issues
  • Record agreed outcomes within participant authority
  • Arrange the agreed mediation format and preparation with the participating parties
  • Help participants identify follow-up actions without imposing outcomes on absent parties

What to include in your brief

  • Disputing parties
  • Voluntary participation and authority
  • Issues and desired process
  • Number of participants, communication needs and preferred meeting format
  • Relevant correspondence and any parallel process or approaching deadline

Choosing the right professional

Choose a mediator suited to the dispute and able to explain the process and confidentiality. Confirm that people attending have the appropriate authority for any agreement they may consider.

Important considerations

  • Non-participants are not represented merely because a manager attends
  • Conflicting expectations about the mediator role can undermine the process

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