Dispute resolution lower-value claims

The Weathertight Home Resolution Service Act 2006 establishes a lower-value claims process for claims whose repair costs, or the weathertight assessor’s estimate of the repair costs, are $20,000 or below. The $20,000 value is set by regulation and may change in the future.

A settlement advisor will be assigned to the claim when the claimant chooses to use this process.

The advisor will help the claimant and the other parties resolve the claim through negotiation or mediation. There is no fee for this service.

This process has four possible stages:

• Initial contact stage –  the settlement advisor contacts all parties the claimant has requested, checks if any further parties should be invited to participate and usually organises a telephone conference where administrative details and the possibility of negotiation and mediation are discussed.
• Negotiation – if the claimant and the parties agree, they can try negotiation where everyone gathers together to discuss the issues and try to work out a resolution. The negotiation session is chaired by the claimant. See the section on negotiation for more information
• Mediation – if the claimant and the parties agree, they can try mediation using a professional mediator, provided by the Department free of charge to help facilitate the meeting. See the section on mediation for more information.
• Adjudication – if negotiation and/or mediation are unsuccessful the claimant can pursue parties in more formal adjudication through the Weathertight Homes Tribunal. There is a fee of $408.89 for this. See the Weathertight Homes Tribunal website for more information.