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Conflict of Interest waiver

From time to time as a mediator, you may be in a position to make a decision about whether to proceed with mediation or FDR when there is a potential conflict of interest.

If there was a genuine conflict of interest you would be required by ethical standards to withdraw from the proposed mediation and hopefully help the client to find another provider.

If you are not sure if there is a genuine conflict of interest have a look at these resources.

Basically, if a prior relationship or some personal benefit that may flow to the mediator is likely to bias the process either for or against one of the participants then you have a conflict of interest.

As part of your Mediation Institute Membership, you can always give us a call for a quick 2nd opinion if you’re facing an ethical dilemma.

Believe me, it is much less work for us to have a chat than it is to investigate a complaint about professional conduct so we are happy to be a sounding board.

What do you do if there is something that raises a red flag but you genuinely believe that you will be able to facilitate the dispute resolution process without bias?

Waiver of a potential conflict of Interest form

You MUST disclose to the potential clients as soon as you become aware of the potential conflict of interest.

If you AND the clients believe that the potential conflict of interest is not going to be an issue you can proceed however you should document that agreement to proceed with a potential conflict of interest waiver form.

There isn’t a standard form provided by any authority however we have an example of the one used by Interact Support in the Mediation Institute Members course area.

Example Document for FDR – Click here to go to the file. 

You will have to log in to the member’s course to access the file

Other examples wanted

Would you like to contribute to our file resources?

You can. Just log in and go to the files area.

Navigate to Templates and Sample Documents => Conflict of Interest and then click on Upload (top right of the screen) you should be able to upload your example document to share with your fellow members.

If you are better at mediation than you are at technology just email your sample document through to us and we’ll upload it for you.




Contracting Opportunity – Administrative Appeals Tribunal

Administrative Appeals Tribunal – Early Case Assessment and Resolution

The Administrative Appeals Tribunal (AAT) is seeking proposals from individuals to assist with Early Case Assessment and Resolution (ECAR) at the AAT. Suitably qualified and experienced individuals will be engaged on an as-needed basis and will typically conduct conferences and conciliations to cover periods of leave and workload peaks.

Conditions for Participation:

Good character, Legal qualifications, Accredited mediator, Professional indemnity insurance

The following qualifications are mandatory:

  • A recognised degree in Laws of an Australian tertiary institution or comparable overseas qualifications, which, in the opinion of the Registrar, is appropriate to the duties of the office or Admission as a practitioner, however described, of the High Court or the Supreme Court of an Australian State or Territory.
  • Training, accreditation or qualifications in mediation, arbitration, conflict coaching or other relevant conferences.


$350 – $600 per day (as a contractor i.e. not including tax, superannuation or insurance).



The Administrative Appeals Tribunal (AAT) is seeking proposals from individuals to assist with the Early Case Assessment and Resolution (ECAR) at the AAT.

The extension of the casual panel for ECAR services will allow the AAT to flexibly engage suitably experienced individuals on an as-needed basis. Panelists have typically been engaged to conduct conferences and conciliations in the General and Other Divisions to temporarily cover periods of Conference Registrar leave or assist with workload peaks. The AAT wants to extend the range of ECAR services to other caseloads in other divisions.

The range of duties will vary but may include:

  1. Triaging, assessing risk and prioritising case management responses.
  2. Working on caseloads with a particular expertise such as NDIS matters and certain types of migration visa cases.
  3. Establishing processes and capability in specialist caseload management and techniques.
  4. Engaging with represented and self-represented parties to define and clarify the issues in dispute.
  5. Conducting file reviews, identifying gaps in information, and setting timetables for the provision of further information.
  6. Preparing parties for participation in AAT proceedings including ADR and hearing processes.
  7. Conducting ADR processes to facilitate consent agreements.

For more information, Click Here to Apply

Locations: Canberra, Sydney, Melbourne, Adelaide, Perth, Brisbane, Hobart. 

Applications close on 18 May 2018.

Mediation Related Jobs

Mediation Jobs

Recent Job Postings

  • Melbourne Bayside and South Eastern Suburbs (Berwick) – Part-time FDR Practitionercontract with Relationships Australia $75k – $86k per annum (pro-rata) Listed 28.3.2018
  • Melbourne CBD – Change and Communication Analyst – 3-month contract working with the Business Change Lead in an Online Dispute Resolutions Pilot Program Listed 16.3.2018
  • Berwick, Melbourne – Family Dispute Resolution Practitioner Relationships Australia. Permanent part-time pro-rata $75976 – $86,104 Listed 16.3.2018
  • Melbourne –Case Manager – Investments Financial Ombudsman Service Australia. Fixed term contract till 30.6.2019. Listed 15.3.2018
  • Melbourne –Dispute Resolution ManagerAllianz Contract / Temp. Listed 15.3.2018
  • Melbourne CBD – Dispute Assessment OfficerDispute Settlement Center. Full Time $65,713 – $79,790 plus Super. Listed 15.3.2018
  • Eastern Suburbs, Melbourne – FDR PractitionerEACH Ringwood FRC. Applications close 28th March 2018 EACH Recruitment Hub
  • Eastern Suburbs, Melbourne –FDR PractitionerFMC 0.8 Part Time. Pay rate not listed. Application Listed 15th March 2018
  • Docklands, Melbourne – Dispute Resolution Officer Talent Pool Telecommunications Industry Ombudsman. Full time $69,926 p.a. + Super Listed 9.3.2018
  • Melbourne CBD – Workplace Relations Consultant (Review of Actions Registrar) Vic Department of Justice and Regulations. Full time $81,354 – $92,304 + super Listed 9.3.2018
  • Campbelltown, Sydney –FDR Practitioner Uniting Communities Permanent Part Time. Applications close: 21/03/2018
  • Adelaide – FDR Practitioner Uniting Communities Casual position.  Applications Close: 21/03/2018
  • Melbourne CBD – Client Services Officer Relationships Australia This is a foot in the door type job $37 – $40 per hour.  Applications Close 16th March 2018
  • Melbourne CBD – FDR Practitioner – Relationships Australia Victoria $75,000 – $88,000 (pro rata for part time)  Applications close 16th March.
  • Greensborough, Melbourne – FDR PractitionerRelationships Australia Victoria $75,000 – $88,000 (pro rata for part time)  Applications close 13th March.
  • Melbourne – Fair Work CommissionAPS5 Relief Associate $75,220 – $79,719 plus 15.4% Super.
  • Greensborough, VicFamily Dispute Resolution Practitioner (FDRP) Relationships Australia. 0.8 EFT role. This employer requires an undergraduate degree in Social or Behavioural sciences and/or law as well as the qualifications and accreditation as a FDR Practitioner. Salary range between $75,000 – $84,999 plus super and not-for-profit perks. Closed 8.9.2017
  • Ipswich, QLDFamily Dispute Resolution Practitioner (FDRP) Relationships Australia. Full or part time role but you will be required to work a 12 to 8 pm shift once a week. This employer requires an undergraduate degree in Social or Behavioural sciences and/or law as well as the qualifications and accreditation as a FDR Practitioner. Salary range between $53,882 – $75,888 plus super and not-for-profit perks. Closing 4th October 2017
  • Melbourne, VicFamily Dispute Resolution Practitioner (FDRP) Relationships Australia. 4 day a week permanent part time. This employer requires an undergraduate degree in Social or Behavioural sciences and/or law as well as the qualifications and accreditation as a FDR Practitioner. Late night thursday’s and some saturday’s may be required. Salary range between $74,000 – $86,000 p.a plus super and not-for-profit perks. Closing 22nd September 2017
  • Melbourne, Vic Dispute Resolution Officer Telecommunications Industry Ombudsman. 18 Month fixed term contract. They would prefer that you have a degree in Law, Business or Finance and have prior experience in Alternative Dispute Resolution. Salary Range $67,000 – $69,000 pa + Super
  • Traralgon, VicFamily Dispute Resolution Practitioner (FDRP) Relationships Australia. 3 days a week permanent part time. This employer requires an undergraduate degree in Social or Behavioural sciences and/or law as well as the qualifications and accreditation as a FDR Practitioner, experience or training in property FDR or willingness to undertake training and FDR experience advantageous. Late night thursday’s and some saturday’s may be required. Pro-rata of Salary range between $74,000 – $80,000 p.a plus super and not-for-profit perks. Closing 22nd September 2017
  • Wagga Wagga, NSWPost Separation Services (PSS) Clinical Services Coordinator (You’ll need significant experience for this one) Closing 16th October 2017

Mediation Institute Member Services Brochure

We have created a brochure to make it easier for you to review Mediation Institute Member Services offline and for members to understand the wide range of support and professional development services Mediation Institute provides.

Contents of the Mediation Institute Membership Information brochure includes:

  • Membership Overview
  • Membership requirements and fees
  • Where to get professional indemnity insurance for $200 plus state tax
  • Quick links
  • Professional Development Opportunities with Mediation Institute
  • Mi Study 247 Online Collaboration site
  • Training Overview and links to Mediation Institute Training
  • Contact Information for Mentors

We’ve pasted some of the information from the information below but download the brochure for full information and contact details for mentors Joanne Law and Ken Speakman.


Mediation Institute is quality training provider and professional body for NMAS Accredited Mediators, accredited Family Dispute Resolution Practitioners and students of dispute resolution.

“We established Mediation Institute in 2013 to make mediation training more accessible and relevant to the 21st century through innovation in training methods.

We continue to grow our services and support for mediators as an important element in our mission to prevent abuse, conflict and violence in Australian homes and workplaces.”

Joanne Law

Director of Studies, Mediation Institute Pty Ltd and
Co-Founder Interact Support Incorporated.

Membership Overview

Mediation Institute Mediator Members enjoy a variety of member benefits that support lifetime learning, meet professional development obligations and support them in building their professional skills and their professional practices.

Our membership application forms are available on our website and there is a customised form for each member category.

Membership services such as webinars and participation in role plays are free for members.

Read on for quick links and more information about our member services.

Membership requirements and fees

 Member Type Requirements Fee
Student Membership Must be a current student of a dispute resolution course Free for Mediation Institute students.

$20 per six months for students of other institutes.

Full NMAS Member Must be eligible for NMAS Accreditation $320 for two years includes NMAS Accreditation Fee and 2-year membership with Mediation Institute.
FDR Only Member Must be applying for or currently accredited as a Family Dispute Resolution Practitioner $220 for two years (does not include NMAS Accreditation)
Member (Accredited with another RMAB) Must be NMAS accredited with another RMAB $220 for two years (does not include NMAS Accreditation)

Membership Period

Mediation Institute does not require all members to have the same renewal date for your membership. You join when you are ready to accredit, and your renewal date is 2 years from your joining date.

The only exceptions are for:

  • Student memberships: these are for 6 months if training with another provider or up to two months after your certification if training with Mediation Institute.
  • Member: if you are accredited with another RMAB we are happy to pro-rata your membership fee so that your renewal dates are in sync.

Point of Difference: We do not shortchange your membership term by using a common renewal date for all our memberships. Your membership starts when you join and expires in two years from that date. If you are joining as a member only and currently have your accreditation with another RMAB we are happy to pro-rata your membership so that both your Mi Membership and NMAS Accreditation fall due at the same time.

Professional Development Opportunities

Mediation Institute has many professional development opportunities available every month to ensure that members stay current and have opportunities to network with other professional mediators.

  • Most of our professional development activities are online to meet the needs of members who don’t want to travel to a venue for a one-hour CPD opportunity.
  • Our webinars and tutorial are interactive providing plenty of time for discussion, questions and sharing of experiences throughout the process.

Most of our professional development opportunities are online to make sure that they are accessible to all our members.

We also run small group activities from time to time such as our role play days and workshops.

 Online Professional Development Opportunities

  • Webinar Tutorials – these are institutional with the presenter usually using a presentation to guide a discussion about a specific topic
  • Masterminds – these are facilitated knowledge sharing on a topic with the facilitator adding content and facilitating the conversation as necessary
  • Peer Group Supervision – these are an opportunity for practitioners to discuss and share case studies, ethical dilemmas and scenarios that they may have encountered (or dream up)
  • Interact Support Practitioner Supervision – this is a hosted activity for the Interact Support not-for-profit. Those FDR Practitioners considering contracting with Interact and students preparing for work placement are welcome to attend.

Face to face professional development opportunities

  • Role Play Intensives – generally offered as a single day workshop where the focus is on role plays. A great opportunity for practical skills reviews and mentoring for experienced mediators and more practice.
  • Workshops – these may be part of a Mediation Institute training course or they may be a specific workshop delivered by Mediation Institute or a partner trainer at the request of members.

Cost recovery fees may apply to workshops which can be run face to face or via Web technology to ensure that high-quality training is accessible to our members in regional areas or who cannot travel to workshops located in specific locations.

Other training options include New Ways Coach Training ($300) and New Ways for Mediation ($75) which Mediation Institute hosts for the not-for-profit Interact Support.


Type of PD


More Information

Webinar Tutorial: The Mediation Process (Facilitative Mediation) 1st Monday of every month.

1 hour from 12 – 1 pm or 7 – 9 pm

Great for students and mediators wanting a refresher
Web Meeting Group Supervision: Group peer supervision for mediators and FDRP’s 1st Wednesday of every month.

1 hour from 7 – 9 pm

Great for mediators to discuss cases. Students welcome
Webinar Tutorial: FDR Specific Topic 2nd Monday of every month.

1 hour from 12 – 1 pm or 7 – 9 pm

Great for FDR students and practitioners
Interact Support Practitioners Supervision and Training 2nd and 4th Wednesday of every month.

1 hour from 7 – 9 pm

Hosted by Mediation Institute for Interact Support Practitioners and FDR Students
Webinar Tutorial: Professional Skills 3rd Monday of every month.

1 hour from 12 – 1 pm or 7 – 9 pm

Presentation and discussion on specific skills and knowledge required by a mediator
Web Meeting Mastermind: Practice Development Mastermind 3rd Wednesday of every month.

1 hour from 7 – 9 pm

Short presentation and then a discussion about an aspect of building your professional practice
Guest Presenter 4th Monday of the month (when they occur) 1 hour from 7 – 9 pm Guest Presenter. Members are invited to nominate to present a webinar on any relevant topic.

3 hours of CPD for a 1-hour presentation.

*times are Brisbane time GMT +10 hours for consistency as they do not have daylight saving.

Mi Study 247 Online

Mediation Institute is the award-winning provider of eLearning for mediators and we make use of our capabilities to provide members with an interactive wiki style course area where they can collaborate, share resources, write content, get together online in special interest groups and much more.


Current Groups that members can join are:

 Practice Areas GroupsAustralian

  • Mediation Awareness Week Support
  • Child Inclusive Practice Group
  • Elder Mediation Group
  • FDR Practitioner Group
  • Workplace Mediation Group

We are more than happy to add more groups should members want even finer granulation of information and resources.

You can only be in one group at a time but can move between groups depending on what you are focusing on at any given time.

State-Based Groups

We have a group for each state and territory and a group for Ex-Pat members.

Mediation Supervisors

This is a group we are building for experienced practitioners who provide mentoring (unpaid) and supervision (paid) for other mediators.

Training Overview

We provide training for people to get started in the dispute resolution industry by becoming NMAS Accredited Mediators as well as the more advanced level skills and knowledge required to become Family Dispute Resolution Practitioners.

Some of our graduates go on to complete further studies by completing a Masters in Dispute Resolution with one of the universities such as Charles Sturt University. Students who have completed the Graduate Diploma of Family Dispute Resolution receive a significant number of credits towards their masters.

Once you become a professional mediator (NMAS) and/or an FDR Practitioner you will have ongoing professional development requirements. You also have practice hour obligations to maintain accreditation. We provide a customised program of professional development and re-assessment for mediators who fall short of their requirements at renewal time.

Some training providers offer a generic workshop-based course that does not meet the training needs of all aspiring mediators. If you were assessed as not-yet-competent or don’t feel ready to sit your NMAS Accreditation assessment we provide assistance with gap training and assessment.


Mediation Institute Code of Ethics

The Mediation Institute Code of Ethics is a written set of guidelines for Mediation Institute Members to provide guidance as to personal and professional conduct which is appropriate for a Mediator or Family Dispute Resolution Practitioner.

For some members being an accredited mediator or accredited family dispute resolution practitioner may be the first time that you have acted in a professional role where your continuation as an accredited practitioner is dependent on your conduct.

You can become unaccredited if a substantiated complaint is made about your conduct, you commit certain types of crimes or behave in a way that is inappropriate, even if that behaviour is not during the conduct of mediation or family dispute resolution.

What to include in our Code of Ethics?

Our Code of Ethics currently runs to five pages and will continue to evolve as members continue to find ways to behave in questionable ways or (hopefully) proactively approach us for guidance with regards to their ethical dilemmas.

We take the question of ethics very seriously as ensuring that our members behave ethically at all times is part of the Mediation Institute’s mission to lift the standard of Mediation and Family Dispute Resolution.

Ethics are often defined as “moral principals that govern a person’s behaviour or the conduct of an activity” and “moral” is concerning the principals of right and wrong behaviour.

The reason that a Code of Ethics is required is that everyone’s moral compass is somewhat different due to our upbringing, beliefs and personal values.

When it comes to your conduct as a Mediator or FDR Practitioner these rules about what is right or wrong have been documented in the NMAS Standards by the Mediators Standards Board and for Family Dispute Resolution Practitioners in the Family Law (Family Dispute Resolution Practitioner) Regulations 2008

Our Code of Ethics is based on this voluntary standard (NMAS) as we are obliged to do as a RMAB and also includes guidance from the Regulations for FDR Practitioners.

If you are a member or considering becoming a member of the Mediation Institute RMAB please make sure that you read and understand the Code of Ethics.

Structure of the Mediation Institute Code of Ethics

The Mediation Institute Code of Ethics is structured into four sections:

  1. Professional Conduct which explains the behaviour that is expected in general and in preparing for mediation
  2. Conduct when Mediating which explains the behaviour that is expected during the facilitation of mediation
  3. Professional Development which explains the obligations that a mediator and/or Family Dispute Resolution Practitioner has with regards to Professional Development
  4. Further Information which links to the NMAS and Regulations and the Mediation Institute Complaints Management Service information

You can find more about how we handle complaints about mediator and download the latest copy of the Mediation Institute Code of Ethics from this page.

Step by Step – how to log into a Mediation Institute Course

Where to go to log in

Mediation Institute hosts our online learning courses on a website called You might want to bookmark this address.

Step One: Sign up to Canvas

  1. If you are an existing student you will already have a log in for Canvas so instead of clicking the I’m a student button click on the Login link at the top right of the screen. Step One - Sign up to Canvas

  2. Put in the:

    1. Join Code that you will have received in an email from Mediation Institute. If you can’t find your join code email to request it again.

    2. Your full name in the full name box

    3. Your email address in the Username box

    4. Your preferred password (make sure you can remember it)

    5. You have to agree with the privacy and terms of use to proceed.

    6. Click Start Learning to … start learning.

Step Two - Student Sign Up

3. That will take you to the course that you have enrolled in. Here is an example from the Mediation Institute NMAS Mediator Training course.

NMAS Training

Hint: The home page gives you an overview. The modules link has the course laid out in sequence. If it was a book the Modules are the Chapters and each chapter contains a number of pages. You can page through the course in sequence and you will come to the revision and discussion tasks at the appropriate time. 


What can go wrong?

Known issues students may encounter

Email already in use

If you get an Email already in use message it means that you have already got a log in for the Learning Management System.

What to do

  1. Click on the Login Dropdown Login dropdown

  2. Use the same email address to login – try to remember the password you would have used.

  3. If you got it right you’ll be in the course.  If not you’ll get an invalid username or password error.

Invalid Username or Password

If you get an Invalid Username or Password message it means that your password is wrong as long as you have used the email address you used to log in to Canvas before.

What to do

  1. Click on the Forgot Password link 

  2. The password reset box will pop up. Put in the same email address you have been trying to log in with and hit Request Password. It will email the password to you.

Hint: Automated emails often go to junk mail or where ever else mail programs decide to hide them so have a look in all the usual places.

If you can’t find the automatic email that lets you reset your password try the Need a Canvas Account link with the email address you believe you have an account for.

Copy and paste it in the Need a Canvas Account link to see if you get the already used email address error message.

Reset Password Link

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