Conflict Resolution Service Canberra — Mediation Before or During ACAT

The Conflict Resolution Service (CRS) in Phillip is Canberra's primary community mediation provider, and it exists precisely for the kind of disputes that end up at ACAT — neighbour conflicts, contractor disagreements, money owed between private parties. If you have been served with an ACAT civil dispute application, or you are thinking about filing one, CRS mediation is worth understanding before you commit to the full tribunal process.

What CRS Does

CRS provides facilitated mediation where a neutral third party helps both sides talk through the dispute and reach a written agreement. The mediator does not decide who is right — they manage the conversation so both parties can explore whether a resolution exists without a tribunal hearing.

Sessions are free or heavily subsidised for low-income earners. For others, CRS charges modest fees that are a fraction of what a single hour with a private solicitor costs. Mediation typically runs for two to four hours in a single session, though complex matters may need a follow-up.

CRS handles disputes between neighbours (fences, trees, noise, boundaries), between consumers and traders, between landlords and tenants outside the formal tenancy stream, between co-workers or community members, and between parties in any civil disagreement where both sides are willing to sit down.

CRS Mediation vs ACAT Preliminary Conferences

ACAT has its own dispute resolution pathway. Under Practice Note 2 of 2024, most civil disputes go through a Directions Hearing and may be referred to a preliminary conference, which functions similarly to mediation but within the tribunal system. A Registrar or Member facilitates, and the session can produce consent orders that become binding tribunal decisions.

The key difference: CRS mediation is voluntary and happens outside tribunal control. ACAT preliminary conferences are tribunal-directed and come with procedural consequences — if you do not attend, the tribunal can make orders against you. A CRS agreement, once signed, is a private contract enforceable through regular contract law (or by filing a fresh ACAT application if breached). ACAT consent orders are immediately enforceable as tribunal orders.

There is no rule against trying CRS first and then proceeding to ACAT if it fails. In fact, having documented CRS mediation attempts can show a tribunal that you made a genuine effort to resolve the dispute before consuming public resources.

When CRS Makes Sense

CRS works best when:

• Both parties are willing to negotiate, but communication has broken down
• The dispute is as much about the relationship (neighbours, community members) as it is about money
• The amounts involved are small enough that tribunal fees and preparation time feel disproportionate
• You want to explore settlement outside ACAT — ACAT says resolving a dispute outside its proceedings is often quicker, though CRS scheduling depends on provider availability

CRS is less useful when one party refuses to participate (it is voluntary), when there is a significant power imbalance, or when you need a legally enforceable order immediately (such as preventing disposal of disputed property).

How to Access CRS

CRS is located in the Phillip area of Canberra. You can self-refer by contacting them directly — no court order or ACAT referral is needed. If your matter is already before ACAT, the tribunal may suggest CRS, but it cannot force you to attend external mediation (it can direct you to its own preliminary conferences).

If you have already been served with ACAT papers, respond by the due date in ACAT's correspondence (usually 21 days), regardless of whether you pursue CRS mediation. A CRS session does not extend the response deadline. If a default order is made, ACAT considers any set-aside application under its rules; do not assume mediation alone will excuse a missed deadline.

The ACAT Response Guide walks through the full response and hearing process, including how tribunal-directed mediation and preliminary conferences fit into the timeline.

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