Expedited Retail Leasing Mediations

Navigating a retail leasing dispute in Victoria often means starting with the Victorian Small Business Commission (VSBC) before progressing to VCAT. However, current wait times for assessment of applications are sitting at around 20 weeks, creating uncertainty and disruption for both landlords and tenants.

 

Engaging in early private mediation offers a faster, more flexible alternative. It allows parties to resolve issues confidentially and constructively—often avoiding the need for formal proceedings altogether.

 

As an experienced mediator, I help clients reach practical, durable agreements that preserve relationships and reduce stress. If you're facing a lease dispute, early intervention could save you time, money, and unnecessary complexity.

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This service is also available for retail leasing disputes in other states.

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The process

If both landlord and tenant are in agreement to mediate early, the mediation process is as follows:

1. Parties sign an agreement to mediate and pay the mediation fee.

2. Parties provide a brief position outline to the mediator

3. A half-day mediation is held - generally online

4. If agreement is reached at mediation, the parties sign a binding terms of settlement. 
   If no agreement is reached, the mediator provides a certificate confirming mediation was held and providing sufficient details that should support an application to the VSBC being determined to be unlikely to settle at mediation so that the Commissioner can issue a certificate under section 87 of the Retail Leases Act 2003.

 

Parties are encouraged to make an application to the VSBC at the start of the process to minimise any delays if the dispute can't be resolved at mediation.

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The cost

Mediation fees are dependent on the value of the dispute:

• Under $100,000 - $1,000 for a half-day, $2,000 for a full-day

• Over $100,000 - $1,750 for a half-day, $3,000 for a full-day

(Prices exclude GST)

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