Code of Ethics and Conduct for Mediation Institute Members
The ethical standards and conduct expected of Mi Practitioner Members — AMDRAS Accredited Mediators, Family Dispute Resolution Practitioners and Family Group Conference Facilitators — aligned with the AMDRAS Standards and the Family Law (FDR Practitioners) Regulations 2025.
Why the Code was updated
Two big changes in the dispute resolution landscape prompted this update:
NMAS became AMDRAS. The National Mediator Accreditation System was replaced by the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS). Our Code now references the AMDRAS Code of Ethics (Appendix 3 of the AMDRAS Standards) and Domain 3: Professional Ethics and Responsibilities. The current version of the Standards is the October 2025 update, available at amdras.au.
New FDR Regulations. The Family Law (Family Dispute Resolution Practitioners) Regulations 2025 commenced on 1 April 2025, replacing the 2008 Regulations. They restructure the obligations of accredited FDR Practitioners, including the requirement to appear on the public Family Dispute Resolution Register. The full text is at legislation.gov.au.
What the Code covers
1. Professional Conduct
Good character, honesty and integrity; disclosure obligations to Mi; professional indemnity insurance; honest marketing of your services; and avoiding conflicts of interest before you take on a matter.
2. Conduct While Providing Services
Competence and inclusive practice; maintaining your role; confidentiality and its exceptions; pre-mediation assessment and safety screening; giving guidance or advice appropriately; and facilitating even-handedly.
3. Professional Development
Meeting the CPD requirements of your accreditation — and both sets of requirements if you’re accredited as both an FDRP and an AMDRAS Mediator — and supporting the standards of the profession.
4. Further Information
Where your specific obligations live: the FDR Regulations 2025 for FDRPs, the AMDRAS Standards for mediators, plus other legislation relevant to the context in which you practise.
The Code in practice — some examples
The Code is written as principles, but ethical questions arrive as everyday situations. Here are some examples of how the Code applies. They are illustrations, not rulings — if you’re facing a real dilemma, contact us to talk it through.
“Family mediation” on your website
You’re an AMDRAS Accredited Mediator but not an accredited FDRP. Your website advertises “family mediation services”.
What the Code expects: Make sure no one could assume you’re an accredited FDR Practitioner. You cannot issue section 60I certificates, and clients planning to go to court about parenting matters need to know that before they engage you — not after.
You recognise a party
At intake you realise one party is a parent you know from your child’s netball club. You’re confident you can stay impartial.
What the Code expects: Your confidence isn’t the test — perception matters too. Tell both parties about the acquaintance. Proceed only if everyone agrees and the connection couldn’t reasonably be expected to influence you. Document the disclosure and have both parties sign it.
“Can you act for me now?”
Six months after a workplace mediation, one party asks you — also a practising lawyer — to represent them in a related unfair dismissal claim.
What the Code expects: Decline unless every party to the original mediation gives permission. Acting for one side after mediating, in relation to the same dispute, undermines the trust every future client places in your neutrality.
A threat is made in a private session
In a private session, a party says something that makes you reasonably believe there’s an imminent threat of harm to the other party.
What the Code expects: Confidentiality is not absolute. You may disclose information where you reasonably believe it’s necessary to prevent or report an imminent threat of harm to a person or property — and you should have explained this exception to both parties before mediation began.
Power imbalance at intake
During pre-mediation assessment, one party discloses a history of family violence and seems unable to state what they want when the other party is mentioned.
What the Code expects: Joint mediation may not be appropriate. Consider the history of violence, safety, bargaining power, risk to children and the parties’ wellbeing. Options include shuttle mediation, remote delivery, support persons — or declining to proceed. FDRPs must also apply the assessment requirements in the FDR Regulations 2025.
“What would a court do?”
Both parties ask you, a mediator with a legal background, what a court would likely decide about their property split.
What the Code expects: Stay in role. Offer procedural information, and refer the parties to independent legal advice. Provide advice only if you’re qualified, insured for it, and all parties agreed in advance — for example, specifically in your Agreement to Mediate.
Which standards apply to you?
| Your role | Standards that apply alongside this Code |
|---|---|
| AMDRAS Accredited Mediator | The AMDRAS Code of Ethics (Appendix 3) and Domain 3: Professional Ethics and Responsibilities of the AMDRAS Standards. Complaints are considered against the AMDRAS Standards. |
| FDR Practitioner | The Family Law (FDR Practitioners) Regulations 2025 and the Family Law Act 1975. Complaints about dispute resolution within the family law jurisdiction are considered against the Regulations and the Act. All FDR Practitioners are mandatory reporters. |
| FGC Facilitator | This Code of Ethics and Conduct, along with any contracts you hold for panel arrangements. |
If a complaint is made about a Member, it is handled through the Mi Independent Complaint Handling Service.
Download the Code
Mediation Institute Code of Ethics and Conduct for Members
July 2026 edition
This edition replaces the 2024 Code and all earlier versions.
Companion resources: Ethical Practice Checklists
Ethical Practice Checklists
July 2026 editions — practical self-audit tools. Choose the checklist for your accreditation; if you hold both, use both.
FDR Practitioner Checklist (PDF) AMDRAS Mediator Checklist (PDF)
Work through it and treat anything other than a confident “Yes” as something to fix.
Useful links
- AMDRAS — the AMDRAS Standards, Code of Ethics and guidelines: amdras.au
- Attorney-General’s Department – FDR — accreditation, obligations and guidance for FDR Practitioners: ag.gov.au
- Family Dispute Resolution Register — the public register all accredited FDRPs appear on: fdrr.ag.gov.au
- Federal Register of Legislation — authoritative current versions of all Commonwealth legislation: legislation.gov.au