NCAT: Soft Justice That Actually Worked

I recently had a dispute with my landlord over a broken air conditioning unit. There was a lot of miscommunication. Everything had to go through the agency: emails, updates, reports, more emails. I do not really blame anyone. But the progress was slow, the delays were frustrating, messages from repair technicians and the agent were not aligned, and eventually I filed an application with the NSW Civil and Administrative Tribunal. Yesterday was the hearing.

I usually do not have a high opinion of Australian legal processes. There were a few prominent cases in the news where justice seemed to be done for the sake of procedure, not for a common-sense outcome. But yesterday changed my opinion. At least about NCAT.

The first hearing was not about presenting evidence to a judge. It was about trying to find a resolution both sides could accept. After the introduction, we were taken into a meeting room with a mediator and encouraged to explain our claims. The mediator was actively helpful: explaining the legal ground of each claim, what was reasonable, what was likely to be rejected, and where both sides probably needed to be more realistic.

We still could not find a perfect solution. But the alternative was a second hearing in three months. THREE MONTHS waiting again for a resolution. That would mean more emails, more stress, more documents, and still no guaranteed I get my aircon fixed. So, with the mediator’s help, both sides made a few steps towards a compromise which we probably would not have accepted without that process.

I walked out happy, actually. Not because I got exactly what I wanted. I did not - my aircon is still broken. But I felt I achieved something. The landlord understood my point of view better. I understood hers better too, and now have more empathy for her. And the Australian legal system, surprisingly, helped me lower my ego and be realistic. I hope the landlord felt the same way.

Sometimes justice is not about winning. Sometimes it is about leaving the room wiser than when you entered.