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:-
- 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), Resolution Institute , 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
(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.
- 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.
- 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