What to expect from the RDRV process

Early resolution means resolving a dispute by mutual agreement before it goes to a VCAT hearing.

If a resolution coordinator contacts you, it means:

• VCAT has received an application about a rental dispute
• You have been named as an applicant or a respondent, which means you are a party to the dispute
• The case is eligible for early resolution support from the RDRV team.

Your resolution options

This section explains your dispute resolution options with RDRV, and what happens if you want us to escalate your case to a hearing.

What RDRV can and cannot do

We help parties explore whether they can reach an agreement, without the need for a VCAT hearing.

As a service provided by VCAT, we can provide information about our processes and suggest a suitable resolution pathway.

RDRV staff cannot:

• give legal advice about your case
• force either party to take part in early resolution
• advise if an offer is reasonable under the law
• tell you whether you should agree (settle)
• tell you what a VCAT member would decide or order at a hearing
• decide the outcome or make a binding decision.

1. We can provide information

We will tell you how our early resolution service works. We will explain what you need to, and what happens if you cannot reach an agreement.

If you want information about the law, we can refer you to organisations that can explain your rental rights and responsibilities, including the minimum rental standards that apply in Victoria.

We cannot give you legal advice, but we can tell you where you can get legal help.

2. We can help you have a conversation with the other party

If both parties are willing, the coordinator can help the renter and rental provider find a way to resolve their dispute.

This might start as a facilitated discussion, often via email, with the option of a mediation session if both parties are comfortable talking with each other.

If you reach an agreement, without needing a hearing, we call this an early resolution.

Early resolution: it's your choice.

You don’t need to negotiate or settle – it’s your choice. If you decide to take part in early resolution, it is up to you whether you accept an offer or make a counteroffer. At any point in the process, you can stop negotiations and request a hearing so a VCAT member can determine the dispute.

How early resolution works and what to expect

3. We can refer your case for a hearing

If you don’t want to negotiate, a VCAT member may be able to decide on the case.

A hearing may be a suitable pathway if:

• A party does not want to talk or negotiate.
• Negotiations have been underway for more than 14 days, and an agreement has still not been reached.
• Both parties have evidence to support their claim.
• There is no jurisdiction or interstate issuethat would stop VCAT hearing the matter.

If you want a VCAT member to make a decision on your case, let the resolution coordinator know. An application for a hearing may incur a fee.

How to request a VCAT hearing

Comparing early resolution and hearings

Both methods can help you resolve your rental dispute, but it is important to understand the main differences.

Taking part in the early resolution process

This section explains how we can support you to reach an early resolution with the other party.

What early resolution means

Early resolution is when both parties agree how to resolve the dispute before a hearing.  

What the resolution coordinator does

The person assigned to your case is a resolution coordinator. They are trained mediators. This means they must remain neutral and impartial, and help both sides equally. 

When a resolution coordinator is assigned to a new case, they will:

• Contact both parties to understand what has happened, and the issues that led to the dispute
• Ask each party if they are open to resolving the dispute informally, without the need for a hearing.

Based on the information you provide, the resolution coordinator will explain your resolution options. They cannot decide the outcome of the dispute. They cannot tell you whether you should accept an offer or settle.

The resolution coordinator will usually stay with the case until an agreement is reached, or the matter is finalised in another way.

The principles that guide our early resolution process

• Procedural fairness: we support both parties to participate in the process and make informed choices about how they engage.
• Impartiality: we remain neutral and do not take sides or favour either party.
• Self-determination: both parties remain responsible for deciding whether to reach an agreement and what that agreement looks like.
• Informed decision-making: we provide information about the process and encourage parties to seek legal advice or other support if they need help understanding their options.

How outcomes and agreements are reached

In early resolution, the parties decide the outcome themselves. This is different from a hearing, where a VCAT member decides the outcome after considering the law, the evidence and the details of the case.

Like all negotiations, the outcome is based on what both parties are willing to accept.

To reach an agreement, parties often need to compromise. This may mean giving up rights, claims or outcomes they could otherwise pursue at a hearing.

For example, a party might accept less than they asked for, pay less than what was requested, do something different from what was originally proposed, or resolve only part of the dispute.

As a result, the outcome might be different from what a VCAT member would order at a hearing.

Before you decide whether to agree to an outcome, make sure you understand:

1. what each party has agreed to do
2. what rights you may have
3. what you are willing to compromise on
4. whether you want legal advice before making a decision
5. what happens if someone does not follow the agreement
6. how different types of orders may affect enforcement
7. whether you want the agreement reviewed by a VCAT member before the case is finalised, if that option is available.
8. whether you would prefer a VCAT hearing so a member can decide the outcome.

How facilitated discussions work

Your resolution coordinator assists both sides to talk about how they want to resolve their dispute. The focus is open communication and problem solving. You are not expected to talk to the other party directly, but you may if you would like to.

Although communicating by email often takes more time to reach an outcome compared to a mediation session, it is a popular option. Most cases result in parties reaching an outcome they can both accept.

Facilitated discussions may be a suitable pathway when:

• the parties are open to negotiating but might not want to talk or engage directly with each other
• email or written communication is likely to work better than a live discussion
• the parties would like help to keep the discussion respectful and solution focused
• the parties would prefer to avoid a hearing, if possible.

Facilitated discussions are optional. You don’t have to settle. You can stop negotiation at any time. You have the right to request a hearing, so your dispute can be decided by a VCAT member. 

How mediation works

If you and the other party are willing to talk to each other, but you’d like an independent mediator present, we can organise a mediation session.

Our resolution coordinators are accredited mediators. They will ensure both sides have time to be heard and to listen, and be treated with respect.

You do not have to attend a mediation in person. You can also participate by phone or via video conference. 

They typically take about 90 minutes.

Your conversation is not recorded. These sessions provide a safe, structured, private setting for both parties to come together. It is an opportunity to clarify misunderstandings and explore solutions you can both agree on.

At any point during the mediation, the coordinator may pause the session and speak to each party separately. You can also ask to take a break or ask to speak to the resolution coordinator privately. Private sessions remain confidential unless you choose to share your discussion with the other party.

Mediation is optional. You don’t have to settle. You can stop negotiations at any time. You have the right to request a hearing, so your dispute can be decided by a VCAT member.

Mediation may be suitable when:

• the parties are open to negotiating and are willing to talk with each other in a structured setting
• a live discussion is likely to help clarify the issues
• the parties would like an independent mediator to manage the discussion
• both sides would prefer to avoid a hearing, if possible.

What the parties and RDRV are expected do

Parties (the applicant and the respondent) are expected to:

• Respond to messages and provide information when asked.
• Explain the cause of the dispute, what outcome they want, and whether they are willing to negotiate.
• Provide evidence to support their claim.
• Attend the scheduled mediation or hearing.
• Remain respectful and solution focused.

What we are expected to do:

• Treat all parties with understanding, respect and kindness.
• Help both parties to understand the process and the types of resolution options.
• Stay neutral and help both sides participate in the process, without giving legal advice.
• Give clear information about what is happening, what you need to do next, and by when.
• Stop a session if someone is abusive or offensive.

How to prepare for early resolution

Early resolution is less formal than a hearing. For example, you will not be expected to formally prove your claim with evidence, but you must still have documents to support your position.

If you have not done so, upload a copy of the rental agreement to the myRDRV portal. You should also upload anything that can help support your case, such as receipts, photos, emails, etc.

Although it is not mandatory, we recommend you share a copy of your evidence with the other party.

How we maintain procedural fairness during negotiations

As a trained mediator, the resolution coordinator monitors discussions to ensure both parties can engage appropriately, and the process remains fair.

If the coordinator believes early resolution is no longer an appropriate option for either party, they will stop a mediation or facilitated discussion and refer the case to a hearing.

Indicators early resolution may no longer be suitable:

• If we observe a significant power imbalance between the parties.
• If it appears that either party may not properly understand their rights.
• If negotiations stall and reaching a mutual agreement seems unlikely.
• If either party asks to stop.
• If either party repeatedly ignores our contact attempts.

What we do if a party does not engage or respond to us

For most case types, we allow 3 business days for parties to reply after we contact them.

If a party stops responding, we will use different ways to contact them. If we do not receive a response, what happens next depends on the type of case and which party has not responded.

• If the applicant does not respond, we may make an order to close the case.
• If the respondent does not respond, we will refer the case to a VCAT member.

If you need more time, contact us before the due date to request an extension.

If the dispute is resolved

When the parties decide to resolve their dispute, they make an agreement. The terms of the agreement set out what each party will do.

When parties reach an agreement

The resolution coordinator will document what the parties have agreed on the case file, but they will not record the details of any discussions leading up to the agreement.

The case cannot be closed until VCAT issues an order.

The applicant and respondent will be asked to consider the orders type of order that suits their situation.

Before finalising an agreement with an order, each party should ask the resolution coordinator:

• what types of orders can be made
• what the order will require each party to do
• if the order is legally enforceable
• if the order allows for the case to be reinstated (reopened)
• what options may be available if they later think they made a mistake.

After an agreement, some orders can be reopened. Other orders cannot.

Common types of orders that finalise a case

The resolution coordinator will explain the available order options. The type of order depends on the dispute and what the parties have agreed to do.

Consent order

• Both parties must agree to a consent order.
• Records the terms of the agreement in the order. This sets out what each party must do, and may include timeframes.
• Once the order is issued, it means the terms have been assessed by a VCAT member as a fair and reasonable outcome after considering the parties circumstances, the details of the case and the type of dispute.
• Case cannot be reinstated – a consent order is a final order.
• Terms in the order are legally enforceable. If the other party does not comply, you have enforcement options.

Strike out with a right to apply for reinstatement

• Only the applicant can agree to a strike out with right of reinstatement
• Does not usually record the terms of the agreement, but may include a timeframe or conditions for reinstatement.
• A VCAT member does not review the agreement terms, so does not assess whether it is a fair or reasonable outcome.
• Terms of the agreement are not legally enforceable.
• The case can be reinstated (reopened) if the agreement is not followed.
• Not available for bond matters.

Withdrawal order

• Only the applicant can withdraw the case.
• Does not record the terms of the agreement in the order.
• A VCAT member does not review the agreement terms, so does not assess whether it is a fair or reasonable outcome.
• Terms of the agreement are not legally enforceable.
• The case cannot be reinstated.
• The applicant cannot apply again about the same facts without VCAT permission.

Key differences in early resolution orders

Order timing and cost

Orders are usually issued within 1 to 3 business days after settlement. If you make an agreement through the RDRV early resolution service, there is no fee for the order.

If a party does not comply with an order

If a party doesn’t comply with an order, you may want to get legal advice.

VCAT does not enforce orders. However, there is an enforcement process you can follow.

Depending on the type of order, you may also be able to reinstate the case.

If the dispute is not resolved

RDRV staff cannot make decisions about your case.

If early resolution is not possible, your case will continue to a hearing unless:

• The case is not eligible to be heard by VCAT.
• The applicant (the person who submitted the application) withdraws the application.

When a case can continue to a VCAT hearing.

VCAT hearings have their own eligibility requirements. 

If your dispute is eligible for a hearing, we will help you prepare your case file. This ensures the member has what they need to make a decision.

Who will manage your case file

If your dispute needs to be resolved at a VCAT hearing:

• the resolution coordinator may continue to oversee the case
• they may assign your case to an RDRV case officer to prepare it for a hearing.
• If your RDRV contact changes, we will tell you.
• While you are waiting for your hearing date, your RDRV contact will:
• support both parties with information about the process.
• make sure the case file is ready for the member on hearing day.

While waiting for a hearing date, parties may continue to communicate and work towards a resolution. If an agreement is reached, the hearing can be cancelled.

Some bond and compensation disputes can be decided without a hearing

A VCAT member can decide some cases without a hearing. If your case is suitable, it means you can get a decision sooner.

Case types that can be decided without a hearing

A case may be considered suitable if:

• it is only about rent arrears and there are no other issues in dispute, or
• the case is undefended - the respondent has not responded - and the applicant has provided enough evidence to support their claim.

How the process works

We will tell both parties if a member can decide the case without a hearing.

Your right to object

Both parties have 7 days to object.

• If either party objects, we will list the case for a hearing.
• If no one objects, a member will decide the case based on the law, the case details, and the evidence submitted.

When a decision is made, the member will issue an order.

When VCAT may not be able to hear the case

VCAT cannot hear cases where:

• the dispute is between co-renters, unless one renter is a head renter and the other is a sub-renter, or
• the dispute is between a renter and a real estate agent, rather than a renter and rental provider, or
• federal jurisdiction applies.

Jurisdiction and interstate rules that may affect your case.

Interstate rules only matter if your case needs a VCAT decision or consent order. They do not affect your eligibility to apply to RDRV and engage in the early resolution process. If your case cannot be heard by VCAT there may be other courts that can hear your matter.

How to request a VCAT hearing

If you do not want to negotiate or settle with the other party, you can ask your resolution coordinator to schedule a hearing.

RDRV is a service provided by VCAT, you do not need to submit another application. We can transfer your case internally so the member can access it on hearing day.

Although the RDRV early resolution service is free, if you request a hearing, you may have to pay the VCAT application lodgement fee.

How to cancel a hearing

If the applicant doesn’t want a hearing to happen, they need to withdraw the case. You can do this in the myRDRV portal. If you cannot access the portal, contact us.

A respondent cannot cancel a hearing.

If either party doesn’t attend the hearing, VCAT will still make a decision and issue an order. Orders are binding on both parties.

Evidence sharing and case confidentiality

What parties can view about the case

When parties have access to the myRDRV portal, they can both view:

• the application details, including contact details at the time of application
• the case status
• documents either party uploads as evidence
• whether the other party has a portal account
• a notice of hearing, if one is issued
• any orders made in the case.

The exception is if we have been notified there is a risk of personal or family violence between parties, and case details need to be protected.

Personal or family violence

If there is a risk of personal or family violence, we can lock the case in myRDRV to limit what parties can view about the case.

When a case is locked, parties can only view:

• the case number
• the name of the parties
• the rental address
• the current case status.

They cannot view:

• anyone else’s contact details
• uploaded documents.

If you are an applicant (the person who is applying)

• The application form has a question about personal or family violence. If you select ‘yes’ the case details will be automatically locked once it is submitted.
• We can also lock the case manually if you contact us.

If you are a respondent

• We can lock the case manually if you contact us.

We value your privacy and safety, if you have concerns about sharing contact details or evidence speak with the RDRV person assigned to your case.

Read more about personal and family violence support at VCAT.

Evidence sharing

During early negotiations parties do not have to share their evidence with each other, but we find it helps resolve the issue sooner if they do.

Documents can be shared electronically through the myRDRV portal if the other party has an account. When you log in and open your case, it will tell you if the other party can access your shared documents.

If the other party cannot use the portal, you can send them a copy of your evidence:

• by post to their last known address, or
• by email if they have agreed to email communication.

If you need us to protect your privacy because there is a risk of personal or family violence, let us know. There are ways we can share information with the other party that does not disclose your contact details.

If your dispute is escalated to a hearing and you have evidence you want to be considered by the member, you must share it with the other party. 

Learn about hearing evidence requirements

Conversation and agreement records

• We keep a record of emails we send and receive.
• We do not record facilitated conversations or mediations. Private sessions held during a mediation are confidential unless a party chooses to share what was discussed.
• If you reach an agreement, we will record the terms of the agreement on the case file. We do not record the discussions that led to the agreement.

If you made an agreement but your case later goes to a hearing

If you reach an agreement during early resolution, but the dispute later needs to be decided by a VCAT member, the member will not view the terms of the agreement.

This means what you said or agreed during early resolution will not affect the member’s decision, or your rights.

Confidential information at a hearing

If your case goes to a hearing, most VCAT files, hearings and decisions are open to the public and media, unless VCAT orders otherwise. 

If you want to provide information to us in confidence you must first apply for confidentiality.

Legal help, representation and support

If you need help to access or participate in our service

You can bring someone with you for support to your mediation or hearing. This support person could be anyone you choose, including a friend or family member. They can’t usually speak on your behalf, but they can help explain what you need (for example, to ask for a break).

We have specialist support teams who can help you with interpreters, Auslan and captioning, disability access, cultural support and family or personal violence safety measures. We also have information about how RDRV can help in multiple languages.

If you want someone to speak for you

If your dispute is escalated to a hearing, and you want someone to speak for you, you may need to ask VCAT for permission.

Legal representation

You don’t need a lawyer to participate in early resolution, but you are welcome to:

• Get legal advice
• Have a legal representative attend a mediation session with you
• Have your representative included in all correspondence. 

RDRV staff cannot give you legal advice about your case. We can only provide you with information about our resolution process. 

Where to get legal advice

It can be a good idea to get legal advice and information about Victorian rental laws so you understand your rights. We can’t give you legal advice, but there are other organisations that can.

Other types of support available

Many organisations offer free or low-cost advice and can:

• give information about rental laws in Victoria
• provide information and advocacy for public housing tenants
• provide financial advice and support
• provide housing support for those at risk of homelessness
• support people experiencing family violence.

Getting ready for a VCAT hearing

VCAT has a duty to make sure everyone who is part of a case (called ‘parties’) gets a fair hearing. 

It’s important to prepare for your hearing day. Whether you are the applicant or the respondent, it is important that you attend so you can have your say. If you don’t come, VCAT can make a decision that may affect you and can be enforced by a court.

Documents and evidence needed for a hearing

You need to provide evidence to support your claim. Without evidence, a member may not be able to hear the case or make a decision.

The evidence you need depends on the type of dispute. For all dispute types, you usually need to provide a copy of the signed rental agreement.

Other common types of evidence include:

• proof that the application was given to the other party.
• a summary of evidence (also known as summary of proofs)
• invoices
• rental ledgers
• entry or exit condition reports
• bond receipts, for bond matters
• For most case types, you must upload your evidence before a hearing can be scheduled.

When to provide evidence

Upload your evidence as early as possible.

We will send you a general directions order. It will tell you when to give us all documents you want the member to consider at the hearing.

For most cases:

• You must provide your evidence by the date in the general directions order.
• Applicants are given 7 days, and respondents are given 14 days from the date the order was made.
• For urgent repairs matters:
• You must provide your evidence as soon as possible.
• You must provide it no later than the day before the hearing.

Sending documents to the other party

You must send the other party a copy of your evidence by the date in the general directions order.

Learn how to send documents.

You must give us proof when you have sent the documents.

What happens at a VCAT hearing

A VCAT hearing allows all parties in a dispute to present their case, ask questions and provide evidence. At the end of the process, the member will decide how to resolve the dispute.

A member’s decision is always based on the law, the case details, and the evidence before them. They will listen and consider the case, along with other relevant factors if the parties provide evidence about them. The member does not collect this information themselves.

At the end of every hearing, a VCAT member will make an order. Orders are binding on both parties.

What to expect on hearing day

VCAT orders after a hearing

VCAT sends a written copy of the order to all parties, usually within 1 to 3 business days. If you don’t receive a copy after 3 business days, check your portal or contact the case officer assigned to your case.

If the case is decided

The order will be a final order. A final order is legally enforceable. It explains what each party must do and when they must do it.

If the case is adjourned

Adjourned means there may be another hearing. In this situation, the order will usually be an interim order, not a final order.

Orders set out what each party must do. If a party does not follow the order, the other party may be able to take action to enforce it.

If you disagree with a VCAT decision

VCAT can only do what the law allows. Members make decisions based on the law, the case details and evidence presented to them.

There are only 2 reasons why you may be able to have a VCAT decision reviewed:

• If you think VCAT made a legal error, you can appeal the decision at a higher court.
• If you did not attend the hearing, you can apply for a rehearing within 14 days of the order.  

Appeals, complaints and feedback about our service

We aim to provide fair and efficient justice. If you are unhappy with the service quality or have a complaint about staff behaviour, tell us.

Last updated: 20 August 2026