Property & construction disputes

Real Estate & Construction Mediation

Property and construction disputes can freeze transactions, stall developments, and trap parties in costly litigation for years. Mediation resolves lease conflicts, building disputes, boundary disagreements and development stalemates in a single session — privately, without court.

In short: Real estate and construction mediation resolves property transaction disputes, commercial and retail lease conflicts, easement and boundary disagreements, development disputes and building contract claims — faster, more privately and far more cheaply than litigation.

What property and construction disputes can be mediated?

  • Property transaction disputes — disputes arising from the sale or purchase of property, including misrepresentation, failure to complete, and deposit disagreements
  • Commercial lease disputes — rent reviews, lease renewals, make-good obligations, outgoings, and landlord/tenant conflicts
  • Retail shop lease disputes — disputes governed by state retail leases legislation, where mediation is often a mandatory step before litigation
  • Easement and right-of-way disputes — access, maintenance obligations, and claims that easements are being blocked or exceeded
  • Boundary disputes — encroachments, fencing disputes, and disputes about survey results
  • Development disputes — between developers, landowners, neighbours, and councils, including objections, conditions, and development agreement terms
  • Building contract conflicts — defective work, variations, payment claims, time delays and contract termination under residential and commercial building contracts
  • Strata and owners corporation disputes — between lot owners, between owners and the strata manager, and disputes about by-laws and levies

Retail shop leases — mediation is often mandatory

Each state and territory has its own retail leases legislation, and most require landlords and tenants to attempt mediation before a dispute can proceed to tribunal or court. In NSW, the Retail Leases Act 1994 provides a mediation pathway through the NSW Small Business Commissioner. In Victoria, the Victorian Small Business Commission administers retail lease disputes. Our mediators are familiar with the procedural requirements across all major jurisdictions.

Building and construction disputes — why early mediation matters

Building disputes are notoriously expensive to litigate because they require expert evidence — structural engineers, quantity surveyors, building consultants — that accumulates cost quickly. A disputed defects claim worth $80,000 can cost both parties that amount again in legal and expert fees before it gets to hearing.

Early mediation resolves most building disputes in a single session. The mediator doesn't determine who is right on the technical question; they help the parties find a practical resolution both can accept. Most building contract disputes settle around an agreed scope of remedial works, a negotiated deduction from the contract price, or a combination of both.

Common building disputes and typical resolution in mediation
Dispute typeCommon resolution
Defective workAgreed scope of rectification, or a price reduction reflecting the defects
Variation claimAgreed value for authorised variations; disputed ones written off or reduced
Delay / liquidated damagesAgreed extension of time, partial waiver, or structured payment plan
Incomplete worksAgreed completion timeline or buyout of incomplete scope
Payment disputeUndisputed amounts paid; disputed claims mediated to an agreed figure

Strata and neighbours — the value of an early conversation

Neighbour and strata disputes that go to tribunal often leave parties living next door to each other in permanent hostility. Mediation achieves a practical resolution — fencing, noise, access, by-law compliance — before the relationship is permanently poisoned. It's usually over in a single afternoon.

Can mediation be used during active court or tribunal proceedings?

Yes. Courts and tribunals regularly refer property and construction disputes to mediation — and parties can choose private mediation at any stage of proceedings, including after claims have been filed. A mediated resolution at any stage saves the remaining cost of the litigation and gives the parties control over the outcome. See commercial mediation → or estate dispute mediation →

Questions & answers

Real Estate & Construction Mediation FAQs

What property disputes can be resolved through mediation?+

Property transaction disputes, commercial and retail lease conflicts, easement and boundary claims, development disputes, building contract defects and payment claims, and strata disputes can all be mediated.

Is mediation compulsory for retail shop lease disputes?+

In most states and territories, yes — retail leases legislation requires mediation before a dispute can proceed to tribunal or court. We can advise on the correct pathway for your jurisdiction.

How much does real estate mediation cost?+

Property and construction mediation is fixed-fee — typically $3,000–$4,500 for the session, shared equally. Far less than a disputed building matter litigated to hearing.

Can mediation resolve a dispute already in NCAT or court?+

Yes. Mediation can be used at any stage of proceedings. Courts regularly refer property matters to mediation, and private mediation can resolve the dispute before the next hearing.

What happens if we reach agreement in mediation?+

The settlement is documented as a deed of settlement or consent orders — legally binding and enforceable. For court proceedings, the terms can be filed to formally resolve the case.

Resolve your property dispute — without the litigation.

Book a free consultation to discuss your property or construction dispute.

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