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. AMDRAS describes mediation as:
'. . . a confidential facilitative process, in which the parties to a dispute, with the help of a dispute resolution practitioner (the mediator), endeavour to reach decisions and/or agreements. The mediator does not have a determinative role and does not advise the parties unless with their express consent. AMDRAS Standards February 2025.'
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?
- 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?
Mediation Accreditation
Once you have completed your Mediation Training course with AIFLAM (or another RAP) 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 RAP.
You will also be placed on the National Register of Registered Practitioners on the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS) 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. AMDRAS also provides a logo for use by you to recognise your qualifications.
Mediation Re-accreditation
Mediator Re-accreditation Form
Every two (2) years Registered Practitioners under the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS) must have their qualifications renewed. Under AMDRAS a specific number of mediations and CPD points are required to reaccredit.
Completion of the relevant Re-accreditation Form stating your experience is required, with the addition of the fee payable to the AMDRAS Board.
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.
Mediator Re-accreditation - Application Form to Transfer RAP
If you would like to change your current RAP to AIFLAM and transfer within your 2 year accreditation period, you can use this form.
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