I am a current Victorian Small Business Commission (VSBC) and VCAT Retail Leasing mediator and have mediated more than 160 commercial and retail leasing disputes since 2020. I am available for privately funded mediation of suitable leasing disputes.
Private mediation with me is available usually within 1-2 weeks. Subsidised mediation services via the VSBC are appropriate for cases that can wait up to 8 weeks for a VSBC response and longer for a VSBC mediation (as at 2023).
A dispute relating solely to payment of rent can be privately mediated prior to issuing a VCAT proceeding (see s 81(2), s 87(1) Retail Leases Act). A VSBC certificate is not required for such disputes to proceed to VCAT. Private mediation might resolve the dispute swiftly and may be worth arranging prior to or after issuing of VCAT proceedings.
A dispute where a VCAT injunction is likely to be sought does not require a VSBC certificate: s 87(2) Retail Leases Act. Private mediation before both parties incur the unrecoverable legal costs of a VCAT injunction application and hearing is a sensible approach where both the landlord and tenant need a swift resolution and would prefer to avoid incurring significant legal costs.
Where both landlord and tenant are commercially sophisticated parties with opposing legal positions on the dispute and also a continuing interest in maintaining the landlord tenant relationship, private mediation can be suitable.
Where resolving the dispute quickly is an imperative for both parties, and the parties are likely to negotiate in good faith, the dispute is likely to be suitable for private mediation.
Leasing disputes are usually suitable for half day online mediation sessions. My fees for private leasing disputes (pre-litigation) start at $1,650 inc GST.
Issues I have mediated include:
- rent and outgoings arrears
- rent abatement
- make good obligations
- compensation for loss of business due to damaged premises
- termination of lease validity
- permitted use
- use of common areas
- s 146 notices and relief against forfeiture
- surrender and delivery of vacant possession
- Commercial Tenancy Relief Scheme (rent relief)