Mediation

What is Mediation?

Mediation is a well recognised means of family dispute resolution.

A simple definition of mediation is ‘assisted negotiation’.

Mediation as a form of dispute resolution has a long history. It comes in many forms and there are multiple definitions. The Mediator Standards Board describes mediation as:

‘. . . a process in which the participants, with the support of the mediator, identify issues, develop options, consider alternatives and make decisions about future actions and outcomes. The mediator acts as a third party to support participants to reach their own decision. Approval Standards November 2008.’

(https://www.msb.org.au/about-mediation/what-mediation)

Why Mediate?

Mediation offers an informal means of resolving disputes, without the need for preparation of expensive documents and without the need for attendance at court events.

  • Mediation's take place at a time and location to suit the parties and the mediator
  • Mediation offers an opportunity for parties to tailor the process and the resolution of their dispute to suit their needs and circumstances
  • Mediation is private
  • Mediation usually costs much less for a family than litigation, with the result that more of the family’s property is available to the parties and their children.

What happens at Mediation?

Every mediator has a unique model but common features include:
  • Joint sessions that provide an opportunity for the parties or their representatives to set out their interests / concerns to the other party or representative;
  • Private sessions with the mediator to discuss possible agreements to meet each party’s particular interests / concerns;
  • Joint sessions to discuss preferred outcomes;
  • Recording of agreements reached; and
  • If agreement isn’t reached, assistance with narrowing issues between the parties, thereby reducing Court time and expense.

Mediators almost without exception require each party to a mediation to agree that everything said at the mediation is confidential and may not be used in any subsequent court proceeding.

Mediators are aware of the need to preserve safety for parties and to ensure that each party is able to negotiate on a level playing field.

Mediators are trained to recognise power imbalances between parties and to take steps to promote self-determination in the mediation.

Who are the Mediators?

In Australia mediators are increasingly specifically trained professionals who are accredited by bodies such as AIFLAM after complying with national training standards. This web site provides details of Institute members all of whom are Nationally Accredited Mediators and most of whom are also experienced family lawyers, thereby bringing with them a depth of understanding of family law.

Complaints Mechanism

If you have an issue or complaint about one of our Mediator members, click here to access our Rules governing the process, together with the AIFLAM Members Complaints Form here.








Mediation Accreditation

Mediation Accreditation Form 

Once you have completed your Mediation Training course with AIFLAM (or another RMAB) you can apply to be an Accredited Mediator with AIFLAM.

Upon acceptance, which requires proof of successful completion of the course, and provision of insurance and other documents, you will be registered with AIFLAM as your RMAB.

You will also be placed on the National Register of Mediators on the Mediator Standards Board (MSB) website.

Additionally you will be provided with the logo from AIFLAM for you to use on websites, marketing material, and other documentation verifying your qualifications and membership.    MSB also provide a logo for use by you to recognise your qualifications.

Mediation Accreditation 

Mediation Re-Accreditation Form

Every two (2) years Nationally Accredited Mediators must have their qualifications renewed.  Under the NMAS Standards a specific number of mediations and CPD points are required to reaccredit.

Completion of the relevant Reaccreditation Form stating your experience is required, with the addition to the fee payable to the MSB.   

This will be assessed by AIFLAM Mediation Committee and once approved your re-accreditation date will be advised, and you will be provided with a Certificate.

Mediation Re-Accreditation - Application Form to transfer RMAB 

If you would like to change your current RMAB to AIFLAM and transfer within your 2 year accreditation period, you can use this form.

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