Policy on the Approval Process for Mediators and Arbitrators

The following resolution of Council replaces the previous resolution of 16 October 1993, with respect to
the approval of Mediators & Arbitrators:-

    1. That for the purpose of Rule 9 of the Rules of Practice 1994, approval shall be given to any
      practitioner upon that practitioner satisfying the Society that he or she:

      (a) for a mediator, has attended a course or courses conducted by one of the following namely
      the Australian Commercial Disputes Centre, Bond University, Family Mediation Centre (in
      NSW), LEADR, Community Mediation Service Tasmania, or such other body approved from
      time to time by the Society;(b) for a mediator, such course(s) attended has been of not less than 4 days or 28 hours duration;

      (c) for a mediator, such course(s) contain(s) not less than 6 simulated mediations where the
      practitioner acted as mediator in at least 2 and the practitioner at the end of the course has
      been formally assessed as able to act as a sole mediator;

      (d) for a mediator or an arbitrator, has practised law as a barrister or solicitor for at least the last 5
      years;

      (e) for a mediator or an arbitrator, holds a current practising certificate;

      (f) for a mediator or an arbitrator, has professional indemnity insurance which provides cover for
      liability incurred while working as a mediator or arbitrator as the case may be;

      (g) for an arbitrator, is accredited by the Institute of Arbitrators to conduct arbitrations for the
      period for which approval is sought.

    2. That for the purpose of satisfying sub-paragraphs 1(a) to (d), the Society may in its discretion
      dispense with these requirements if, in its opinion, the practitioner is otherwise suitably qualified.
    3. That it be a condition of any approval that the practitioner granted approval:(a) in the case of mediators, acts in accordance with paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the“Guidelines for Solicitors Who Act as Mediators” as approved by the Law Society of New  South Wales in July 1993; and(b) in the case of arbitrators, acts in accordance with any principles or guidelines applied by the Institute of Arbitrators.

 

That for each renewal of accreditation as a mediator, has in the preceding 12 months attended a course or courses conducted by one of the bodies mentioned in 1 above, of at least 6 hours duration.

Approved by the Council on 23 July 2011