Latest News

MSB Re-Accreditation Changes

The Mediator's Standards Board has released the new Standards which will come into effect on 1 July 2015.     The new Standards are available in the Members download section or at MSB.org.au.

Court Liaison

AIFLAM has continued to work closely with the Family Court of Australia, Family Court of Western Australia and the Federal Circuit Court of Australia (formerly FMC) on developing protocols that are appropriate in each of the Registries around Australia to the outsourcing of Conciliation Conferences to private mediation.
Many of the Registries are continuing to work with the local Family Law Practitioners Associations / Law Societies / Family Law Bar to further refine the protocols.


Mediation Training

The next Course is scheduled for Sydney on May 23 - 27, 20176.   Facilitated by Dr Jill Howieson and Belle Lane, Barrister-at-Law, registrations are now open.
The attached link will take you to the Training page for registration and more information.

Arbitration Training

Arbitration Course is scheduled for Brisbane on Wednesday 22 & Thursday 23 March, 2017.    This course is taught by Philip Theobald and John Hertzberg,
The attached link will take you to the Training page for registration and more information.

 

Section 79(9) of the Family Law Act


Different views about the Courts powers to require parties to attend outsourced conferencing having regard to the provisions of Section 79(9) of the Family Law Act have continued. AIFLAM has provided its support to Courts and Government to review the provisions of section 79(9) to overcome any perceived problems with the section. We will provide updates.


Fixed fee mediations


In the latter part of 2012, discussions with His Honour Judge Riethmuller in the Melbourne registry of the Federal Circuit Court highlighted the concerns about the costs of outsourced mediations by the Court in financial matters involving small asset pools.
His Honour was particularly concerned to ensure that many of the cases that appeared before the Court are provided a service by nationally accredited mediators to assist parties in resolving financial matters without a trial.
It was ultimately agreed to provide to the Court in Melbourne a list of practitioners who were prepared to provide mediation that involved intake, review of any preliminary papers and conducting a mediation for up to 1 day, for the Legal Aid day rate of $1,980 inclusive of GST. The criteria for this agreed list was an asset pool, including superannuation, of $750,000 or less.

Lists of practitioners have now been prepared and circulated through the Courts and are available for referrals. Similar rollouts are proposed in Tasmania and Perth. Different criteria for what constitutes a "small asset pool" will be set at each of the centres mindful of the appropriate demographics applicable. The Legal Aid rate of $1980 for each fixed fee mediation appears to be agreed as an appropriate level.

 


Current Board Members


Our current Board members are listed and the institute invites you to contact your particular State representative with any suggestions, comment or other ideas to further promote the Institute.

Chair:  Peter Sheehy (QLD Rep)
Deputy Chair: Phil Davey (ACT Rep)
.
Treasurer: Greg Howe (FLS Rep)
The Hon Stephen O'Ryan QC (NSW)
Martin Bartfeld QC (Vic Rep)
Marcus Turnbull (Tas Rep)
Margie Ross (SA Rep)
Henry Moser (WA Rep)

The Hon Justice Strickland (Representing the Family Court of Australia)
Her Honour Judge Baker (Representing the Federal Circuit Court of Australia)