Information, links and cases relevant to mediation
Is your Mediator Nationally Accredited?
Mediators have always had ethics and duties to consider in carrying out their role. In 2010 National Approval and Practice Standards were introduced for mediators.
A current Nationally Accredited Mediator can use the post-nominals “NMAS”. Check out whether your mediator has current national accreditation status on the Mediator Standards Board national register.
Dispute Resolution by the Small Business Commissioner Victoria
Are you a small business? Have a dispute? The Small Business Commissioner Victoria offers mediation services by experienced mediators. Find out more here.
Mediation – Melbourne Magistrates’ Court cases
The parties to a defended civil case in the Melbourne Magistrates’ Court can nominate an agreed private mediator from the SLEM List to conduct the mediation. Find out more here.
Franchising Mediation – OFMA & ASBFEO
A dispute between franchisee and franchisor can be mediated pursuant to the Franchising Code of Conduct. Mediators approved by the Office of Franchise Mediation Adviser conduct the mediation. I have mediated many such disputes. Find out more here about the role of the Australian Small Business and Enterprise Ombudsman (ASBFEO) in assisting franchisees and franchisors to resolve disputes.
ASBFEO Dispute Assistance
A small business or family enterprise can lodge a dispute with another business or Commonwealth government agency directly with the ASBFEO for assistance, and referral to an approved ADR Provider. Find out more here.
Can a handshake settle the dispute?
In Rilgar Nominees Pty Ltd v BHA Holdings Pty Ltd  VSC 632 &  VSC 6, a handshake agreement was held not to waive or vary a requirement in the Mediation Agreement for a signed settlement agreement. To read my full summary of the case, click here.
Must we go to mediation before Court?
If you are a party to a commercial agreement which contains a dispute resolution clause, it may prevent you from taking your dispute to court before you have mediated the dispute. In some cases, for a party to bring legal proceedings without first mediating, could amount to a breach of contract, and an abuse of process, and result in the legal proceeding being put to a halt by the court until the mediation has taken place in accordance with the dispute resolution clause.
Who is the current Franchising Mediation Adviser? Must parties to a franchise dispute attend mediation?
In 2019 I wrote an article for Inside Franchise Business about the current mediation landscape in franchising mediation, and the effectiveness of mediation under the Franchising Code of Conduct. Check out Inside Franchise Business article here.