Mediation
Overview of the Weathertight Homes Tribunal mediation process.
The majority of claims (85%) settle at mediation, without the need for an adjudicated hearing. The Weathertight Homes Tribunal may refer a claim for mediation if parties agree that a settlement may be reached this way.
Mediation is a voluntary process in which an independent Mediator assists parties to explore issues relating to options for resolving the claim. It is not a forum in which evidence is presented and tested although there can be detailed discussion on some factual and legal issues if this is necessary for an agreement to be reached.
The mediator
The mediator is not an advocate for any party and can not give legal advice. The mediator will act impartially, fairly and objectively and treat each party in an even-handed way and will observe the requirements of the WHRS Act 2006.
Settlements
Settlements reached during mediations are always voluntary. Parties can refuse to sign it if they do not agree with it, require more time to consider, or want to seek further independent advice before finalising the details
The outcome is confidential and, if a settlement is reached, the claimant must apply to the Tribunal to withdraw the claim.
If mediation fails or if it takes longer than the period allowed by the Tribunal, the Tribunal may proceed to a formal hearing.
Mediation factsheet from the Department of Building and Housing (PDF, 77 KB)
