The Law Handbook 2024

576 Section 6: Houses, communities and the road deal with the matter between yourselves, writing a letter to your neighbour that outlines your concerns is worth considering. When composing such a letter you should clearly identify the problem, its impact, possible solutions and the preference of resolution without further formal action. Try to avoid using an adversarial style of language or portraying yourself as the wronged party. It is sometimes difficult to reach agreement between just the two people involved, especially if you have vastly different ‘takes’ on the issue. It can be useful to get a neutral third party, such as a mediator, involved to help you both to work through the issues and try to reach a mutually acceptable compromise (see ‘Mediation’, below). If the matter still cannot be resolved between the parties, making a complaint about your neighbour’s actions to a responsible authority can be an effective and low-cost way of dealing with the problem. Your local council has many by-laws and enforcement obligations in relation to neighbourhood disputes such as noise, pets, trees, nuisance, planning and pollution. The Environment Protection Authority Victoria (www.epa.vic.gov.au) and the police also receive complaints on neighbour disputes. Before making a formal complaint, consider the impact of the complaint on both parties. In particular, are the benefits of escalating the dispute to involve an outside authority worth the potential detrimental effect such a complaint may have on the ongoing relationship between the neighbours? Taking your neighbour to court can be expensive and complicated and should always be a last resort. You can find out about the simpler, quicker and cheaper alternatives to court at the DSCV website. Mediation Mediation is a voluntary, confidential and informal problem-solving process facilitated by an impartial mediator. It is widely used to resolve matters before going to court and can also help to resolve most neighbourhood disagreements. In a mediation, parties who are in dispute meet together and with the guidance of impartial mediators: • discuss the issue in dispute; • identify options; • consider solutions; and • work towards a mutually acceptable agreement. The mediator runs the mediation session and the parties control what is discussed and agreed to. Mediation works because it: • is a positive process that encourages cooperative problem-solving and preserves relationships; • allows people to take part in their dispute resolution; • can look at all aspects of the problem, not just the immediate issues; and • enables people to hear directly from each other and gain a better understanding of each other’s needs. How mediation works In mediation, one or more mediators who are not involved in the dispute in any way help the parties to reach their own agreement. The mediators do not make any decisions about who is right or wrong, or about who should be doing or not doing anything. They must always remain neutral in the way that they assist the parties to a dispute to reach their own agreement. Before taking part in a mediation, the parties usually reach an agreement about certain aspects of how it will be run, such as where it will take place, when, and who should attend. Mediation sessions are usually private and confidential. Nothing said by any of the parties in mediation can be repeated for any other purpose, without that person’s permission. Nothing can be used in later court proceedings (if the dispute is not settled and ends up in court), unless everyone who attended the session agrees. During the mediation, each party has their say, tells their side of the story and hears – often for the first time – the other person’s point of view. This is a very useful exercise and is helped by the mediators, who summarise both stories and help define the issues in dispute. The mediator will help the parties discuss each of the issues, one at a time, and explore ways to settle differences. Any agreement reached in mediation comes from the parties themselves. It is not for the mediator to impose decisions or remedies. They cannot say who is right or wrong, who is at fault, or what should be done to fix a situation, and they cannot award costs or penalties. The parties to a dispute will often put their agree­ ment in writing, so that each is clear about their