The Echo’s report (February 18, 2025) of the state government decision to close its dispute resolution service from June 30 is disturbing news indeed. Community Justice Centres (CJC) were established in 1980 and have an enviable record in resolving disputes.
Professor David Heilpern, Dean of Law at Southern Cross University and formerly the Senior Civil Magistrate for NSW, says the CJC is ‘an integral part of the justice system in this state, particularly in civil law… the ability of CJC mediators to settle small claims matters was legendary and essential. Similarly, they are an invaluable method of alternate dispute resolution in neighbourhood and low-level AVO (apprehended violence order) matters.’
The government proposes an in-house mediation service, but this will only accept court-referred mediations. This means that people will no longer be able to self-refer, including small commercial claims matters and neighbourhood issues like noise, abuse, fences and overhanging vegetation. Many people do not have the resources to pay for mediation, or the capacity to resolve their conflicts. This will put increased pressure on both the police and the courts.
No consultation
President of Local Government NSW, Mayor Phyllis Miller OAM, says the decision to close was made without consultation with councils, who are regular users of CJC mediation.
‘We have both worked as CJC mediators for CJC for many years and can report the decision to close was made without any inquiry or evaluation of its service, and with absolutely no consultation with anyone – including senior CJC staff,’ said Mayor Miller.
The Echo’s report quoted a government spokesperson claiming ‘many state agencies now offer mediation as an alternative’. We have heard versions of this several times, and on two occasions have asked the minister, Attorney-General Michael Daley, to explain these alternatives. On both occasions the minister has avoided the question. This is clearly because there is no other freely available mediation service in NSW.
The government spokesperson also said ‘less than nine per cent of inquiries [to CJC] proceed to mediation’. This conveniently overlooks what is well known within CJC. Many initial inquiries are dealt with over the phone, providing conflict coaching so people are able to approach the issue in a better informed manner, resolving the issue without mediation. Some issues are not suitable for mediation, for example where serious mental health issues are present or one of the parties is not able to represent themselves. Obfuscation appears to be the minister’s strategy.
CJC mediations take place in person where possible, though sometimes by video or phone, at a time convenient to the parties.
Cost effective
There is no wait list and no cost to the parties. This is a free, fair, and flexible service. It helps keep people out of court, can alleviate personal stress and reduces the burden on police. Mediation can preserve relationships and the importance of this cannot be overstated where the parties have ongoing interactions, such as families and neighbours.
CJC mediators spend a lot of time on conflict coaching, helping people to present their case and to listen to the other’s case. ‘Do your best listening,’ is one of the guidelines for mediation. Exploring options and reality testing are at the heart of a successful resolution.
When people reach agreement over their disputes in person it’s likely to last. When a court makes a determination there is a winner and a loser and the relationship is likely to deteriorate further. CJC mediators are well qualified, and do this work for $45 an hour. The satisfaction that comes from helping people, sometimes changing their approach to personal relationships, cannot be measured.
Over the last decade there has been a declining level of support and steady withdrawal of CJC services, including closure of regional offices and staff reduction. The mediator panel has shrunk from around 200 in 2017 to 65 at present. Information sessions and outreach with local councils, Housing NSW, Community Legal Centres, the police and others was once commonplace, but no more.
That this contraction of resourcing for a vital community service commenced under a Coalition government should surprise no-one. That it has continued under a Labor government is unexpected.
♦ Graeme Gibson has been a mediator with Community Justice Centres since 2011, and Meg Bishop since 2013.
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