If the parties want NCAT to make orders in the terms of their agreement, the case will be listed before a Tribunal Member to consider that application. NCAT can only make consent orders if it has the power to do so. Otherwise it can note the agreement of the parties. If you’ve tried negotiation and/or mediation without success, then court proceedings might be your next step. In NSW, there are two different judicial bodies that can hear and determine small claims the NSW Local Court and the NSW Civil and Administrative Tribunal (NCAT).
There are no fixed rules about what happens in mediation. Generally the mediator will: If no agreement can be reached, the tribunal member may review your evidence and make orders to resolve the matter. If the claim is more complex, the tribunal member may ask you or the other party (or both) to provide more evidence at a future date.