Neighbourhood Mediation
Assisting parties to identify options and negotiate an agreement to resolve disputes.
NEIGHBOURHOOD DISPUTES
How to resolve a dispute with your neighbour
The best way to resolve a neighbourhood dispute is to discuss the practical aspects of the problem with your neighbour. Communication is always the best first step. Remember to be as courteous and respectful as possible, and take notes. Be sure to have a clear and concise idea of how the problem might be resolved, for you, and know what your rights are before you meet.
If talking to your neighbour doesn’t work or the problem persists, contact us to discuss whether we can assist you. Some conflicts can be resolved through a free mediation service run by your local community justice centre https://www.cjc.justice.nsw.gov.au/
Some are more complicated. You don’t need to see a lawyer and go to court to find a solution. More often than not, we can help you both find a suitable solution.
Mediation is a fantastic alternative to more formal avenues, particularly if you experience difficulties discussing the issue with your neighbour. It provides a neutral environment for a conversation and negotiation around possible outcomes. It is a formally recognised dispute resolution method recognised and endorsed by our court system and any agreement reached can be enforced.
Types of neighbour disputes
There are many types of these disputes. You might have conflict about fences, boundaries, retaining walls, trees, overhanging vegetation, development issues, access, privacy, pests, pets, rubbish or noise. Some nuisance issues, such as overhanging vegetation, noise, smells and pests, can be raised with your local council or the EPA https://www.epa.nsw.gov.au/your-environment/noise.
Can the Police help with neighbour disputes?
The NSW Police are involved in criminal matters so will likely inform you, if called, that your matter is civil in nature. They may try to resolve the issue while present, especially if they are of the opinion that the matter may escalate to have a criminal element, such as intimidation or some form of violence. The Police may also get involved if a noise issue is urgent, such as a loud party or when a house alarm has not been responded to.
Why not go to Court to resolve your neighbour dispute?
The legal system can help but also has greater risk. It is always better to avoid it if at all possible.
The advantage of going to court is that you get to have your grievance heard in a public forum, and you will get an impartial decision about the problem.
You may however be directed to attempt mediation before your matter is heard.
Going to court could take some time, will cost you more, will likely be rather stressful, and the decision will be out of your control. The result will not necessarily be decided on principles of fairness and justice, rather by application of the law. Appeals are not always available and costs may be awarded against you depending on where your dispute is heard – also out of your control