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After you have lodged your application you will receive a notice to attend mediation. The aim of the mediation is to find a solution to the dispute without proceeding to a hearing.
You need to bring every document, invoice, receipt, quotation or other piece of evidence that you are relying on and give them to the mediator at the mediation.
Make sure that you are organised and have evidence to support the main points of your argument.
Read the application and any documents attached to it.
It is a good idea to come to the mediation prepared to listen to the other party and to negotiate an agreement.
If you want to participate by phone, contact the number provided on the notice to attend mediation as soon as possible.
Ensure you arrive at least 15 minutes before the start time outlined in the notice of mediation. The other party will be there too.
Find your name or case number on the electronic listing board or list displayed in the registry. Go to the room which has been set aside for your case.
You will be invited into the room once the mediator, the person responsible for conducting the mediation, is ready. The mediation may be conducted by a QCAT mediator or a mediator from the Dispute Resolution Centre (established by the Queensland Government to provide a free, confidential, and impartial mediation service).
The mediator will introduce themself and ask everyone to introduce themselves. Generally the mediation is held in private and the length of the mediation will depend on the complexity of the matter.
The discussions during the mediation cannot be used or referred to at the hearing unless the parties agree.
Be clear and to the point. Do not interrupt the other party or the mediator.
If you do not behave appropriately, you may be removed from the mediation.
The mediator acts as an independent third party and guides the participants through a structured mediation process. The mediator is not there to make a decision about who is right or wrong, but assists both parties in reaching an agreement.
If the parties reach an agreement the mediator may record the terms of the agreement in writing and make the orders necessary to give effect to the agreement.
Each party will then sign the mediation agreement and receive a copy. A party may request that the agreement be made an order of the tribunal.
An order is a decision made by QCAT which requires someone to do something (for example, it may require a trader to repair a faulty product).
If you are not able to reach an agreement the mediator will work with you to set out what issues are still in dispute and what issues have been resolved. If the parties agree, this will be given to the tribunal for the hearing.