Community Mediation

Disputes between neighbour or community member can be stressful for all involved.

Where parties are able, it is always advisable that they attempt to discuss matters directly with each other to try and reach a resolution.

If parties are unable to discuss the matter directly for any reason, or they remain unable to reach a resolution then mediation may assistance.

What is mediation?

Mediation is a structured negotiation process in which an independent person (known as the mediator), assists parties to identify and assess options and try to negotiate an agreement to resolve their dispute.

Where parties are agreeable, the City may refer disputing parties to the Citizens’ Advice Bureau mediation service.

What type of disputes are suitable for mediation?

The below are examples of the types of disputes that may be resolved through mediation:

  • Dividing fences
    - replacement or repair of a dividing fence

  • Encroaching roots and branches
    - overhanging tree branches that encroach on a neighbouring property
    - damage caused by trees to a neighbouring property

  • Dogs, cats and other pets
    - Excessive barking
    - Cat and dog control

  • Residential noise complaints
    - Music/tv played at high volume

  • Cars and parking issues

  • Property damage

How does mediation work?

Mediators at Citizens’ Advice Bureau are experienced and professionally qualified. They don’t give advice or make any decisions for the parties. Their role is to help the parties to calmly focus on the issues in dispute, gain an understanding of the other party’s point of view, and put forward options in an effort to reach settlement. If mediation is successful, the result is written down in the parties’ own words. Whist this record of the outcome is not legally binding, it can, if necessary, be used as a basis for a court application. 

The focus of mediation is always on the future relationship between the parties without attaching blame to either party, or finding that one party is at fault.

Mediation is voluntary

Mediation is strictly a voluntary process. However, it does in many cases lead to a positive outcome for the parties and may prevent future disagreement or even court proceedings.  

How much does it cost?

The City will pay for up to 15 mediation services to ratepayers and residents of the City per year.

A referral from the City is required.

What do I need to do to start the process?

If you are involved in a dispute and consider that mediation may assist, please contact the Governance and Legal team at the City of Kwinana during office hours to discuss a referral.

Office location: Administration Building, Corner Gilmore Avenue and Sulphur Road, Kwinana, WA 6167

Office hours: 8:30 am to 5:00 pm Monday to Friday

Telelephone: 08 9439 0200

email: customer@kwinana.wa.gov.au.

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