Ethical Guidelines for Mediators
16 May 2019
The Law Council of Australia has developed these guidelines to serve as a general ethical and practical framework for the practice of mediation. The guidelines are intended to apply to all types of mediation. Particular professional and other bodies may have different requirements. It is expected that the guidelines will be reviewed from time to time.
The guidelines of conduct for mediators are intended to perform three major functions:
(i) to serve as a guide for the conduct of mediators;
(ii) to inform the mediating parties of what they should expect; and
(iii) to promote public confidence in mediation as a process for resolving disputes.
These ethical guidelines draw on existing codes of conduct for mediators and take into account issues and problems that have surfaced in mediation practice. They are offered in the hope that they will serve an educational function and provide assistance to individuals, organisations and institutions involved in mediation in all practice contexts.
These guidelines are based on the work of four professional groups in the United States: the American Arbitration Association, the American Bar Association, the Society of Professionals in Dispute Resolution, and the Association for Conflict Resolution. They were reworked for Australia in 1996 by members of the Law Council of Australia Expert Standing Committee on Alternative Dispute Resolution.