Mediating leasing disputes during COVID-19: We can help!

We recently made you aware of the extension to the period during which certain landlords cannot sue certain tenants from 30 September 2020 to 31 December 2020. That alert can be viewed here. 

Under the relevant law, disputes between parties to affected retail and commercial leases may be referred to mediation facilitated by the Office of the Queensland Small Business Commissioner.

Clifford Gouldson Lawyers has represented both tenant and landlord in such mediations and has the necessary experience to guide you through this new process.

While the time allocated for each mediation is relatively short, we have found that the mediation process gives parties the opportunity to distil and resolve their differences. In our experience, there is often a significant degree of emotion involved by the time f the mediation, which can be a roadblock to resolution of the dispute. The mediator (and the parties’ lawyers if they are permitted to attend the mediation) will assist the parties have a frank and objective discussion about the relevant issues, which can take the heat out of the dispute, paving the way for resolution.

In saying that, the mediators appointed often have no experience in the commercial field, with some of the mediators involved in matters for our clients coming from the family law space.  Involving an experienced legal practitioner with an intimate working knowledge of retail and commercial leases, and the applicable law, is critical.

What we have also seen is that the certainty brought by settlement of any legal dispute is particularly important to both landlords and tenants in the matters we have conducted.  And even where agreement is not reached during the mediation, the mediation has formed the basis of ongoing discussions between the parties and led to resolution of their differences in the coming days or weeks.

It remains to be seen whether the period during which such tenants are protected is extended into next year.

Should you find yourself in a dispute with your landlord or tenant in an affected retail or commercial lease, our Commercial + Property and Litigation + Dispute Resolution teams are here to help you through the entire process.