In minor civil dispute proceedings including tenancy, minor debt, consumer/trader and dividing fence disputes, QCAT generally organises a final hearing to decide the case.
QCAT may organise various proceedings before the final hearing to assist parties to resolve a dispute. If your matter cannot be resolved or settled, QCAT will then organise a final hearing where a decision will be made.
This page contains general information to help you understand different proceedings, you may be required to attend mediation:
Mediation
Mediation is a dispute resolution service in which a mediator assists parties to discuss their differences and find a solution that suits everyone.
The aim of mediation is to resolve the dispute in the most cost effective way. If the dispute cannot be resolved, mediation helps to identify issues and questions to be considered at the hearing
The mediator acts as an independent third party and guides the participants through a structured mediation process. QCAT engages external mediators to conduct mediations.
If the parties reach an agreement, the mediator may record the terms of the agreement in writing to be signed by the parties. The parties may request that QCAT make a formal order that contains the terms of the agreement. The QCAT process usually ends at this point if an agreement has been reached.
Frequently asked questions about mediation in minor civil disputes
Who provides the mediator?
The mediator may be from QCAT or from the Dispute Resolution Centre (established by the Queensland Government to provide a free, confidential and impartial service).
Can I participate by phone or videoconference?
Yes. To organise this, contact details are on your Notice of Mediation.
Is mediation compulsory?
Yes. QCAT may direct a party to attend mediation in person or to be represented by a person who has authority to settle the dispute on their behalf. If you do not wish to participate in mediation, you can write to QCAT stating your reasons for not attending.
What happens if I don’t attend?
The mediator is required to make a record if one party does not participate.
If you do not attend the mediation the application may proceed to a hearing in your absence and be determined on the evidence provided. If you cannot attend mediation, please notify the relevant QCAT registry or Dispute Resolution Centre as soon as possible.
How can I prepare for mediation?
You should read the QCAT application and any documents attached to it. Be clear about the issues in dispute and think about options for resolving those issues. You can seek legal advice prior to mediation.
What documents are needed?
If possible, before the mediation you should send to the other party and QCAT a copy of any relevant documents such as receipts, photos, invoices or statements. Please bring original documents with you to the mediation.
Who else can attend?
Normally only the parties may attend mediation. Witnesses are not required for mediation and will not be allowed to participate. If you want another person to attend you must discuss this with the mediator before the mediation starts. The mediator decides who stays in the room. Please apply to QCAT as soon as possible if you wish to have legal or other representation here.
What if we reach an agreement?
Mediation is confidential, however it is a requirement that the mediator provide QCAT with a certificate advising the outcome of mediation. When a resolution is reached, the mediator will help parties draw up an agreement for signature.
What happens if an agreement is not reached?
If no agreement is reached, the mediator will advise QCAT. If there are multiple issues in dispute, the parties can agree that a list of issues still in dispute be provided for use in the hearing. QCAT will list the dispute for hearing on a future date and advise all parties.
*Disclaimer – The above information was taken from the Queensland Civil & Administrative website as accurate in January 2023. If any changes are made by the court from that date they may not be reflected in this post
