Articles

Later this year, the National Mediator Accreditation System (NMAS) will become the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS). Why the change? What does it mean for lawyer-mediators and the legal profession?

The rise of mediation accreditation means referrers will need to answer why they’ve referred a client to someone who is not professionally recognised, or ‘unaccredited’

Mediation is now well and truly embedded in the legal landscape, with the vast majority of cases now settled out of court. However, the efficacy of the process may be undermined without a mandatory requirement for mediators to be accredited, including those mediators with a legal background. If anyone can call themselves a mediator, what is the benchmark for best practice? What are the systems and standards that govern its success?

But how can anyone involved in mediation – or in mandating the process – be confident that a mediator will bring the highest level of skills and experience to the table?

Handled well, workplace conflict can salvage important relationships and improve an organisation’s collaborative spirit. The key is finding a mediator you can rely on.

Despite the rise in mediation, unfortunately, many still experience something far different to mediation in its true form.

When anyone can call themself a mediator, how can you ensure a quality approach? Some Practising members of the legal profession may dismiss the process of mediation as an “add-on” to the process of litigation; however, there is little doubt it has been increasingly endorsed by courts, government departments, statutory and institutional bodies, and, more importantly, clients – be they corporations or individuals – who have all embraced it as an essential part of dispute resolution, in many cases, before legal proceedings have even been instituted.

Conflict can cause irreparable damage to a business and its stakeholders. However, when managed well, conflict can become the catalyst for positive change. Organisations and industries are recognising this potential and are increasingly turning to mediation as a first and often preferred port of call.

How can HR managers resolve workplace conflict without creating a conflict of interest? Bianca Keys of the Mediator Standards Board shares her insights with HRD