In life, disagreements, arguments and conflicts are inevitable. But there are options for how we respond.
Listening, understanding the other person’s point of view, exploring the options and reality testing are at the heart of a successful resolution to conflict. These are stages in mediation before negotiating an agreement, and this is the process followed by the New South Wales Community Justice Centre (CJC) program since it was established more than 40 years ago. Over that time, this free service has consistently seen success rates of around 80%.
Mediators do not make decisions or provide advice; mediation is a form of alternative dispute resolution that helps people towards an agreement they make themselves. Unlike a decision made by a magistrate, which creates a win-lose scenario, mediation aims for win-win.
In mid-October, I, and another 65 mediators working throughout the state for the CJC, received a surprise email from the Department of Communities and Justice. It said the government had decided to close the CJC program and repeal the Community Justice Centres Act 1983, effective from 30 June 2025.
No inquiry or consultation had preceded this decision, and no public announcement of this decision was made.
The CJC program mediates neighbour disputes (noise, trees, fences and access) matters in the small claims court, family feuds and conflicts within community groups or between residents of public housing. There are also many applications for Apprehended Personal Violence Orders (APVOs).
The email advised that the department would be establishing an in-house mediation service for legislatively mandated referrals, primarily for applications for APVOs. But the outlook for the other forms of conflict is far from rosy.
The department later claimed mediation services were available from many other government agencies and services, reducing the need for CJC mediation. In a statement, provided after publication, a spokesperson for the NSW Attorney General Michael Daley said demand for CJCs had “fallen significantly” due to the range of other mediation services available.
I respectfully disagree.
CJC services have steadily declined over the last decade, including staff reduction and the closure of regional offices. 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.
As recently reported in this publication, Macquarie Dictionary’s annual word of the year for 2024 is enshittification. This is defined as “the gradual deterioration of a service or product brought about by a reduction in the quality of service provided”. This encapsulates the decision to close the CJC.
Prof David Heilpern, the dean of law at Southern Cross University and a former 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,” he says. “Similarly, they are an invaluable method of alternate dispute resolution in neighbourhood and low-level AVO matters”.
An unresolved dispute is stressful for those involved; the longer it remains unresolved, the greater the stress. Increasingly, mediators are seeing more people with mental health issues. Over the 13 years I have been mediating, I have been hugged, offered bottles of wine (always declined) and only abused once.
From 1 July next year, CJC mediation will not be readily available for neighbourhood matters. Problems arising from a fractured neighbourly state of being will need to be dealt with by private mediation – or not at all. Family issues and small claims matters will also suffer from the withdrawal.
CJC mediations take place in-person where possible, though sometimes by video or phone, at a time convenient to the parties. There is no waitlist and no cost to the parties. This is a free, fair and flexible service. But the decision to close CJC will lead to increased costs, a greater strain on a court system already stretched to breaking and more demand for police intervention. It will also likely lead to an increase in mental health problems.
Mediation can be hard work. When parties to a conflict reach an agreement themselves, it is much more likely to be lasting. Mediation builds goodwill and can preserve – and sometimes even enhance – relationships. This is hugely important when the parties involved have ongoing interactions, such as neighbours and families.
In life, some of the most rewarding and memorable moments come from helping someone else. Mediation can have a narrow but important focus on solving an immediate problem; but it can also be transformational, when people discover new ways of being in the world with others.
A very wise person once said: “When you are digging yourself into a hole, the first thing to do is stop digging”. Not everyone knows this and it can be even more elusive when tensions are high. CJC mediators spend a lot of time conflict coaching, being transformational. And they do this for $45 an hour.
The current system of mediation in NSW is well regarded by peak legal bodies and professional associations. But much of what is available now will be withdrawn. With its reduced remit, it’s hard to see how the proposed in-house mediation can replicate that standard.
This closure will decimate the pool of talented and committed mediators. The biggest losers will be community members, who will no longer have a free, professional and highly effective service for solving conflict.
There we have it: enshittification in action.
Graeme Gibson is a writer and mediator living on the north coast of NSW
