How and when we can help

Generally, we need to be satisfied that a dispute exists between two or more people who have ongoing contact with each other before we can intervene and offer mediation.

If there has only been a single incident and those involved have little impact on each other's daily lives, we may explore other self-help approaches and options.

Before proceeding, we will discuss the mediation process with each person involved to confirm they want to meet and find a solution. If not, we would explore other more suitable options and services with you.

Mediation is not suitable if anyone involved has difficulty understanding the mediation process or remembering the outcome of discussions.

In helping decide if mediation would be suitable for everyone involved we will assess each person's:

• ability to communicate
• ability to deal with emotion
• level of anxiety
• overall health and functioning capacity, including mental health.

There may also be language difficulties that need to be considered. If there is, we will arrange for an interpreter to attend the mediation.

We are a Victorian government service for residents of Victoria or those with a relevant connection to Victoria.

We will consider the level of fear expressed by those involved in the dispute and the impact this fear has on their ability to speak openly and make decisions.

We will also assess risk factors such as:

• domestic or family violence
• child abuse or child abduction
• self-harm and harm to others
• a history of anti-social, violent or controlling behaviour
• the duration of the dispute
• the types of behaviour involved
• how deep the conflict is.

If there is a strong possibility mediation will increase the likelihood of negative behaviour from either person, we will explore other more suitable options. For example, it would not be suitable to organise mediation when one person is committing pursuit-type stalking against the other.

Police involvement may indicate the matter isn't suitable for mediation.

If the police have applied for a personal safety intervention order (PSIO) on behalf of someone against another person involved in the dispute and it does not permit mediation, we will refer you to other services for independent legal advice.

Mediation is productive when the discussions are fair and balanced and there is no fear of harm, intimidation, or risk of exploitation by one person over the other.

For example, mediation may not be suitable when a person with a disability is totally dependent on the person they are in dispute with and are unable to negotiate fairly without fear.

If you have previously attended a mediation with those involved in the dispute and you weren't able to reach a resolution or stick to the agreement, before proceeding we will assess if there are new circumstances or issues and those involved:

• are open to negotiating in good faith
• have stuck to past agreements
• have reconsidered their position
• have the capacity to understand and participate in the mediation process.

DSCV has some specific arrangements with VCAT and the Magistrates' Court which have specific criteria not covered in these guidelines.

Disputes between one or more sets of neighbours over issues such as:

• trees
• fences
• drainage
• privacy
• behaviour
• pets
• noise.

Further information

• To find out more about your legal rights and options visit Victorian Legal Aid (External link)(opens in a new window).
• Contact your local council (External link)(opens in a new window) for information about local laws or by-laws and planning and building requirements that apply to your situation.

Disputes between siblings and extended family over matters such as:

• intergenerational conflict
• elderly care arrangements
• funeral and burial arrangements
• wills and estates
• powers of attorney.

Our services may be unsuitable if your dispute involves:

• an application for a Family Violence Intervention order
• a matter in the Family Court or Federal Magistrates Court
• parental arrangements
• someone who doesn't have the capacity to provide instructions.

Further information

• Contact Victoria Legal Aid (External link)(opens in a new window) for information on organising a family conference with the support of a lawyer or help to reach an agreement about a family dispute.
• For family counselling, mediation and dispute resolution services, visit the Family Relationships Online (External link)(opens in a new window)website.

Interpersonal conflict between:

• people in the same social circle, such as friends
• members of the same social group, hobby or sporting pursuits
• people attending schools who have not been able to resolve the issue through the school
• community groups.

Further information

• Contact the Victoria Police if you are fear for your own safety. Call Triple Zero 000.
• Contact your local Community Legal Centre (External link)(opens in a new window) or Victoria Legal Aid (External link)(opens in a new window) for further information on the implications of an application for a Personal Safety Intervention Order.
• Make a complaint to the Victorian Equal Opportunity and Human Rights Commission (External link)(opens in a new window) if you feel you have been discriminated against, sexually harassed, victimised or vilified.

Internal club or association conflicts between:

• individual members
• committee members
• different clubs.

Further information

• To find out more about the rules and processes that apply to incorporated associations, including clubs, visit the Clubs and Fundraising (External link)(opens in a new window) section of the Consumer Affairs (External link) Victoria (External link)(opens in a new window) website.
• For free and low cost legal resources and advice for community organisations visit the Not-for-profit law information hub (External link)(opens in a new window) delivered by Justice Connect (External link)(opens in a new window).

Issues and complaints relating to the use of common property in an owners's corporate, including:

• disputes with neighbours
• behavioural issues between members of an owners' corporation.

Your dispute may be subject to your owners' corporation internal dispute resolution process, which you must follow before you contact us.

This may include:

• complaints about the management process of an owners' corporation
• complaints regarding fees
• members complaints against the manager
• how meetings are organised, minutes and communicated

Further information

• For information on your rights and obligations as an owner in an owners' corporation or resident in a retirement village, visit the Housing (External link)(opens in a new window) section of the Consumer Affairs Victoria (External link)(opens in a new window) website.
• Owners corporation managers and retirement village operators should visit the Licensing and registration (External link)(opens in a new window) section of the Consumer Affairs Victoria (External link)(opens in a new window) website.
• If you are a tenant in an owners' corporation visit the Tenants Victoria (External link)(opens in a new window) website for further information.

Disputes between individuals and businesses, or business to business owners, often referred to us by the Magistrates Court of Victoria or VCAT:

• monies owed
• contracting and sub-contracting arrangements
• quality of goods and services.

Further information

• If your dispute relates to a small business retail lease, general business dispute, owner driver or forestry contractors, farmers and farm creditors or taxi driver and operators contact the Victoria Small Business Commission (External link)(opens in a new window).
• Contact Consumer Affairs Victoria (External link)(opens in a new window) for information about Australian Consumer Law (ACL) and the licensing or registration of various performances,

Disputes in a share house between tenants, including lead tenants and subtenants over:

• outstanding bills
• damage to the property
• end of lease issues.

Further information

• For information on resolving a renting dispute between a tenant and a landlord visit the Housing section on the Consumer Affairs Victoria (External link)(opens in a new window) website.
• For information and advice about your rights as a renter, contact Tenants Victoria (External link)(opens in a new window).
• To find out more about your rights in public housing, contact the Victorian Public Tenants Association (External link)(opens in a new window).

Communication and teamwork problems between co-workers, team members and management. Before contacting us, you should first check what internal dispute resolution processes are in place at your workplace.

Further information

• For information and advice about your workplace rights and obligations contact the Fair Work Ombudsman (External link)(opens in a new window).
• If you're an employee and need independent legal advice on your employment rights contact Jobwatch (External link)(opens in a new window).
• If you feel you have been discriminated against, sexually harassed, victimised or vilified at work, you or someone on your behalf can make a complaint to the Victorian Equal Opportunity and Human Rights Commission (External link)(opens in a new window).
• Contact Worksafe Victoria (External link)(opens in a new window) if you are experiencing behaviour such as bullying that has created a workplace safety issue.