Applying to the AAT

Have you considered mediation?

What is mediation?

Mediation is an opportunity for people to try to work out a settlement of their case, with the help of a neutral third party (the Mediator).

The Mediator does not decide the outcome or tell the parties what to do, but helps the parties to reach an agreement.

Mediation in the AAT

Before a case goes to hearing, the Tribunal holds a number of meetings between the parties called conferences. If parties agree, one conference can be a mediation. (The leaflet entitled 'What is a conference, what is it for?' provides more information about conferences and their place in the pre hearing stage of a matter before the Tribunal).

Mediation is aimed at an inexpensive, efficient and speedy settlement of the matter.

Who are the mediators?

They are Members or Registrars of the Tribunal who have been formally trained in the skills of mediation.

Do all cases go to mediation?

No, but certain types of disagreements are more suitable for mediation than others. You can get advice from the Tribunal office about whether your dispute with the Department is one of them.

What is the difference between a conference and a mediation?

There are several big differences including:

• much more time is allowed for mediations, generally a minimum of 3 hours;
• the Tribunal Member or Registrar’s role in a conference is to lead and guide, but in a mediation the Mediator must remain neutral and cannot give instruction to the parties;
• while conferences are fairly informal, mediation is totally informal (other than having the Mediator control the issues and have them dealt with in turn).

What benefits can I expect from having my case mediated?

Mediation can enable a case to be settled quickly. Mediation is confidential. Many people feel more comfortable in this environment and this can make discussing the problems and options more open and agreeable.

Mediation offers a way of solving the problem which allows everyone to have their say.

How many cases settle?

Overall, approximately 80% of matters before the Tribunal are finalised without a hearing.

How can I find out more about mediation?

• Ask the Client Service Officer at the local Tribunal office for more information.
• Ask the Member or Registrar who conducts your first conference about mediation and hearings.

They can answer any questions you may have about your case, but remember they cannot give you legal advice or an opinion about your likelihood of success.

What if mediation does not succeed?

If you choose to try mediation, your case can still be listed for a hearing.

If mediation does not help you and the Department to work out a settlement, you can go straight to hearing without losing any further time.

Privacy and confidentiality?

All mediations are held in private.