QCAT Mediation and Conciliation — What Happens Before Your Hearing

Your QCAT application has been filed, the respondent lodged a Form 7 response disputing the claim, and now the tribunal has listed the matter for mediation. For consumer and trader claims over $1,500, this step is not optional — and even below that threshold, QCAT can still refer you to mediation if they think settlement is realistic.

When Mediation Is Mandatory

For consumer and trader disputes over $1,500, QCAT automatically routes the matter to compulsory mediation or conciliation before scheduling a final hearing. The logic is practical: a negotiated outcome costs less time and stress than a contested hearing, and both parties retain control over the terms.

Minor debt disputes follow a similar pattern when the respondent contests the claim. After a Form 7 response is filed, QCAT typically refers the matter to mediation or a directions hearing rather than jumping straight to a final hearing.

For consumer and trader claims under $1,500, the tribunal may still suggest mediation, but it is more likely to list the matter directly for hearing.

How QCAT Mediation Works

Mediation is conducted by a trained QCAT mediator — not the Adjudicator who would hear your case. The mediator is neutral. Their job is to help both parties explore whether a settlement is possible, not to decide who is right.

A typical mediation session runs one to two hours. Both parties attend (in person or by phone/video if arranged) and the mediator:

1. Explains the ground rules — confidentiality, respectful communication, no binding outcome unless both parties agree
2. Asks each party to summarise their position
3. Identifies common ground and points of disagreement
4. Facilitates negotiation, sometimes shuttling between the parties in separate rooms

Ask the mediator to explain the confidentiality rules before you share sensitive information.

Preparing for Mediation

Preparation here is different from preparing for a hearing. You are not trying to prove your case — you are trying to reach an agreement.

Know your bottom line. Before you walk in, decide the minimum outcome you would accept. If you are claiming $8,000, would you settle for $6,000 paid immediately? For $8,000 in three instalments? Having a clear range prevents you from making emotional decisions under pressure.

Bring supporting documents. Even though mediation is not a hearing, having your invoices, contracts, and communication records to hand helps when the other party disputes facts. You do not need a full evidence bundle — key documents only.

Be ready to listen. The respondent may raise legitimate concerns you had not considered. A willingness to hear their position signals good faith and often unlocks concessions.

If You Reach an Agreement

If mediation produces a settlement, both parties sign an Application for Decision/Order by Consent. Once an Adjudicator approves it, the consent order becomes an enforceable QCAT decision — carrying the same legal weight as a hearing outcome.

This is important. A verbal agreement or even a signed private contract after mediation has no enforcement teeth through QCAT. The consent order does. If the respondent defaults on the agreed payments, you can register the order in the Magistrates Court and pursue enforcement.

If Mediation Fails

If no agreement is reached, the matter proceeds to a final hearing, with both sides presenting their evidence and arguments to an Adjudicator.

If QCAT directs you to attend mediation, treat the notice as a requirement and contact the registry promptly if you cannot attend.

Our QCAT filing guide covers mediation, hearing preparation, and enforcement — with a deadline calendar that tracks every step from demand letter through to collecting your money.

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