Strata dispute? You probably have to go to mediation first
Here's the thing that catches almost every self-represented strata applicant off guard: for most strata disputes you cannot walk straight into NCAT. You have to attempt mediation through NSW Fair Trading first, and the Tribunal's Registrar will usually refuse to accept your application without proof that you did.
This page explains the mediation prerequisite in the Strata Schemes Management Act 2015 (NSW) ("SSMA"), how to lodge the free mediation request, what's exempt, what actually happens at a mediation, and the document NCAT needs to see before it will list your matter.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
Strata disputes — by-laws, levies, repairs to common property, pets, noise, parking, access to records — are dealt with by NCAT under the SSMA. But the Act builds in a compulsory step before the Tribunal door. Section 226 of the SSMA provides for the Secretary of the Department (in practice, NSW Fair Trading) to arrange mediation of strata disputes. Section 227 then does the work that trips people up: the NCAT Registrar must not accept most strata applications unless mediation has been attempted and was unsuccessful, a party refused to take part, or the Registrar considers mediation unnecessary or inappropriate in the circumstances.
In plain terms: mediation is the front door, NCAT is the back room. You go to Fair Trading, you try to settle, and only if that fails (or the other side won't engage) do you get the paperwork that lets you lodge at the Tribunal. It applies whether you are a lot owner, the owners corporation, a strata committee member, or in some cases an occupier.
Mediation is not a soft option to be resented. It is free, confidential, and a genuine chance to resolve the matter without a hearing — and Fair Trading reports that a large share of strata disputes settle at this stage. Even where it doesn't settle, the process narrows the issues and gives you a clearer picture of the other side's case before you commit to NCAT.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- Before lodgingAttempt Fair Trading mediation — the prerequisite for most strata applicationsSSMA s226-s227
- ~6-12 weeksIndicative time from lodging the mediation request to a session being heldOperational; verify with Fair Trading
- 12 monthsAfter a by-law is made or amended — to apply to NCAT to invalidate it under s150SSMA s150
- 28 daysInternal appeal window to the NCAT Appeal Panel for most strata ordersNCAT Act / Guideline 1
The process, step by step
- 1
Try to resolve it inside the scheme first
Before you even reach mediation, put the issue in writing to the strata committee or strata manager: set out the problem, the relevant by-law or section of the SSMA, and exactly what you want done. Keep the email — it becomes evidence later, both at mediation and at NCAT.
Many disputes resolve here. Fair Trading will also ask, at mediation, what steps you've taken to resolve it directly, so this is not wasted effort.
- 2
Lodge the mediation application online (free)
Apply for mediation through the NSW Fair Trading strata disputes service. There is an online application form; you can also apply by post. It is free. You'll describe the dispute, identify the other party (usually "The Owners — Strata Plan No. XXXXX", or an individual lot owner), and say what outcome you're after.
Be specific and factual. Attach the registered by-law, relevant minutes, and your correspondence. A focused application is easier for the mediator to work with and signals to the other side that you're serious.
- 3
Fair Trading contacts the parties
A Fair Trading officer reviews the application and contacts both sides. If the other party agrees to participate, a mediation session is scheduled — these are commonly held by telephone or videoconference, though in-person sessions occur. Mediation is conducted by a trained, neutral mediator and is confidential: what's said at mediation generally can't be used against you at NCAT.
If the other party refuses to participate, Fair Trading records that refusal — which itself satisfies the s227 prerequisite and lets you proceed to NCAT.
- 4
The mediation session
The mediator does not decide the dispute or impose an outcome. Their role is to help the parties reach their own agreement. Expect each side to explain its position, then a back-and-forth — sometimes in separate "private sessions" with the mediator — aimed at finding common ground. Come prepared with the documents, a clear sense of what you'll accept, and where you won't move.
If you reach agreement, it is written up and signed. A mediation agreement is a practical resolution; if it later needs to be enforced or formalised, that may be a separate step, so read what you sign carefully.
- 5
Get the mediation outcome and lodge at NCAT
If mediation fails, or the other side refused to take part, Fair Trading provides a certificate or letter confirming the outcome. Keep it. This is the document the NCAT Registrar will look for under s227. You then lodge a strata application (General Application) via NCAT Online, selecting the relevant SSMA section, and attach the mediation outcome along with your by-laws, minutes and correspondence.
Standard strata application fee is $127 ($254 corporation, $32 concession) on the 1 July 2025 schedule — verify current fees before lodging.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
Your mediation outcome certificate or letter
The single most important document. It proves mediation was attempted, failed, or refused — the s227 gateway to NCAT.
The written request you sent the committee or strata manager
Shows you tried to resolve it internally first. Mediators and Members both look for this.
The registered consolidated by-laws
Order from NSW Land Registry Services or the strata manager. Mediation and NCAT both work from the registered version, not a draft.
Relevant meeting minutes
Lot owners have a right to access records under s182 SSMA. Minutes often show what was actually decided and how.
All correspondence with the OC, strata manager and other owners
Dated emails with full headers; texts exported with dates. This is the spine of most strata cases.
Photos, video and logs for the underlying issue
For noise, parking, repairs or common-property defects — date-stamped, ideally collected over time.
Common reasons people lose
Lodging at NCAT without attempting mediation
This is the classic mistake. Under s227 the Registrar will generally refuse to accept the application, and you lose time you may not have if a deadline is running.
Assuming your matter is exempt when it isn't
The exemptions in s227 are narrow and specific (see the FAQs). Don't guess — if in doubt, attempt mediation anyway, because a refusal or failed mediation still unlocks NCAT.
Losing the mediation outcome paperwork
Without the certificate or letter, you can't prove the prerequisite was met. Save a digital copy the moment Fair Trading sends it.
Treating mediation as a formality to rush through
A genuine, well-prepared attempt often settles the dispute — cheaper and faster than NCAT — and even if it doesn't, you'll understand the other side's case better.
Naming the wrong party
For most strata disputes the other party is 'The Owners — Strata Plan No. XXXXX', not the strata committee or the strata manager. Get the SP number right at the mediation stage.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Why this page has no 'orders' — mediation doesn't make orders
Mediation produces an agreement between the parties, not a binding Tribunal order. The orders below are what NCAT can make after mediation has been attempted and the matter proceeds.
Order to invalidate or amend a by-law (s150)
After mediation, NCAT can declare a by-law harsh, unconscionable or oppressive and order it amended or repealed.
Work order against the owners corporation (s232, s106)
Order compelling the OC to repair or maintain common property, or to perform another function it has failed to perform.
Compliance order against a lot owner (s232)
Order that a lot owner stop conduct in breach of a by-law — noise, unauthorised short-term letting, parking.
Order for access to records (s182)
Order that the OC or strata manager provide specified records to a lot owner within a set time.
Free help
- NSW Fair Trading — strata mediation
Lodge the free mediation request and read the strata disputes guidance.
- NCAT — strata and community schemes
Forms, fees, lists and procedural directions for strata applications.
- Strata Schemes Management Act 2015 (NSW)
The legislation — Part 12 (mediation and applications), s226-s227.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- Owners Corporation Network
Independent peak body for strata owners — guidance and templates.
- Flat Chat — strata forum
Active community of NSW strata owners with a searchable archive.
Questions self-reps ask
Do I really have to do mediation before NCAT?
For most strata disputes, yes. Section 226 of the SSMA provides for NSW Fair Trading to arrange mediation, and section 227 requires the NCAT Registrar to refuse to accept most strata applications unless mediation has been attempted and was unsuccessful, a party refused to participate, or the Registrar considers mediation unnecessary or inappropriate in the circumstances.
Mediation is free and often resolves the dispute without a hearing. Even when it doesn't, it satisfies the prerequisite so you can proceed.
What kinds of orders are exempt from the mediation requirement?
Section 227 lists narrow exceptions. They generally include applications for orders appointing (or requiring the appointment of) a strata managing agent, orders varying or revoking an existing Tribunal order, certain orders about access to lots or the provision of records, and applications for monetary (pecuniary) penalty orders.
These categories are specific and the list has been amended over time, so verify the current wording of s227 against the exact order you're seeking before assuming you're exempt. If in doubt, attempting mediation anyway is the safer course.
How long does mediation take?
In our experience it commonly takes around six to twelve weeks from lodging the application to a mediation session being held, depending on Fair Trading's workload and whether the other party engages promptly. The session itself is usually a single sitting.
This is an operational estimate, not a statutory period — check current timeframes with Fair Trading when you lodge.
What happens if the other side refuses to attend mediation?
That's not a dead end. If a party refuses to participate, Fair Trading records the refusal, and under section 227 that satisfies the prerequisite — you can then lodge at NCAT.
Keep the documentation showing the refusal; it stands in for the mediation certificate when you lodge.
Is anything I say at mediation confidential?
Yes. Strata mediation through Fair Trading is confidential, and what is said in the course of mediation generally cannot be used against you later at NCAT. This is designed to let parties speak frankly and explore settlement.
One practical point: anything you'll want to rely on at NCAT — documents, photos, logs — should be gathered and put into evidence independently, not left as something only mentioned at mediation.
Do I need the mediation certificate to lodge at NCAT?
For most strata matters, yes — you must attach the Fair Trading mediation outcome (a certificate or letter confirming mediation was attempted, failed, or refused) unless your application falls within a section 227 exemption.
Without it, the Registrar will generally refuse to accept the application. Save a copy the moment Fair Trading sends it.
Can mediation actually fix my dispute, or is it just a hoop?
It can genuinely fix it. A large share of strata disputes settle at mediation, which is faster, cheaper and less adversarial than an NCAT hearing.
Treat it as a real opportunity, not a hoop: come prepared, be clear about what you want and where you can compromise, and you may resolve the matter without ever filing at the Tribunal.
Related guides
- NCAT strata disputes — the full guideBy-laws, levies, repairs, pets and the orders NCAT can make under the SSMA.
- Challenging or enforcing a strata by-lawHow to challenge an unreasonable by-law (s150) or enforce one (s232).
- What to expect at an NCAT hearingWhat happens on the day after mediation fails and your matter is listed.
- Can my strata ban my pet?Cooper, s137B, and how to challenge a no-pets by-law.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.