The Law Handbook 2024

Chapter 6.4: Neighbour disputes 577 obligations and responsibilities following mediation. If the mediation has been successful, the parties will each go away satisfied that their concerns have been heard and understood, and with a practical solution to which they have all agreed. Sometimes mediation may not be suitable because people are unable or unwilling to negotiate, particularly if there has been a history of violence between the disputants, or if an intervention order prohibits interaction between them. There are a number of agencies that provide assistance in resolving disputes (e.g. see ‘Dispute Settlement Centre of Victoria’, below). Some services (e.g. those provided by the DSCV) are free; others may charge means-tested fees. Dispute Settlement Centre of Victoria The Dispute Settlement Centre of Victoria ( DSCV ) is part of the Victorian Government Department of Justice and Community Safety. The DSCV provides free dispute resolution services to assist individuals to resolve disputes quickly, fairly and cheaply without having to resort to legal action. The DSCV provides dispute resolution advice, a mediation service, referrals to other specialist services, and formal conflict training programs. The DSCV helps people to find solutions to a range of disputes, including: • common neighbourhood disputes involving noise, fences, trees, animals and drainage; • disputes about inappropriate behaviour, including bullying, harassment and abuse; • interpersonal workplace disputes; • disputes within committees, clubs and incorp­ orated associations; • suitable disputes about goods and services (between $500–$10 000) lodged at the Victorian Civil and Administrative Tribunal ( VCAT ); and • interpersonal disputes involving technology (e.g. Facebook). Such disputes might arise between people who: • live next door or in the same locality; • share the same house (e.g. co-renters in dispute about unpaid bills); • belong to the same club or organisation; • work together; or • are members of the same owners corporation. The process for getting help from the DSCV to try and resolve your differences with your neighbours is as follows: 1 Telephone the DSCV and speak with a Dispute Assessment Officer. Explain the details of the type of problemyouarehaving. TheDisputeAssessment Officer has probably dealt with a similar situation in the past and may suggest practical actions you can take to resolve the issues yourself. 2 The Dispute Assessment Officer may decide that your situation is one that could benefit from having both parties sit down, with neutral persons (mediators), to try to ‘sort it out’ through mediation. 3 If it appears that mediation is likely to be beneficial, the Dispute Assessment Officer will write to the other person involved and invite them to contact the DSCV. If the other person accepts the invitation, the Dispute Assessment Officer will arrange a suitable time and place for a mediation to be held. Mediation is a voluntary process. There is nothing you can do if the other person does not agree to take part in mediation. They cannot be forced to mediate. Mediations are scheduled during business hours and can be held in most regional centres throughout Victoria, as well as in more remote locations when required by the parties. The DSCV selects mediators who are most suitable to a particular dispute and have the most likelihood of success in working with the particular problem and people involved. Ideally, the mediators reflect the ages, outlook and culture of the people with whom they are dealing. The DSCV has a large panel of trained mediators drawn from many different communities and backgrounds and every effort is made to ensure the right ‘match’. Interpreters are provided free to assist with language difficulties. The DSCV does not give legal advice. This should be obtained from either a private lawyer, Victoria Legal Aid or a community legal centre (see Chapter 2.2: How legal aid can help, and Chapter 2.4: Legal services that can help, for a list of these services). It is a good idea to get legal advice about your dispute, whether or not you decide to use the services offered by the DSCV. The DSCV’s website features how-to videos with simple and effective strategies for dealing with neighbours and neighbourhood disputes.