Updated LCA Guidelines for Mediation in Australia: Essential Reading for Lawyers and Mediators

First published in 1996, the Ethical Guidelines for Mediators have now been revised to reflect three decades of evolution in mediation practice. The three updated documents - the Ethical Guidelines for Mediators, the Guidelines for Lawyers in Mediations, and the Guidelines for Parties Engaged in Mediation - provide practical frameworks for mediators, lawyers, and parties involved in mediation. They emphasise self-determination, good faith, impartiality, and confidentiality, while adapting to modern formats including online mediation. Whether you are a party participating directly,  a lawyer advising clients, or a mediator facilitating sessions, these resources are intended to support fair and ethical outcomes in civil, commercial, and other disputes.

Here’s a quick overview of each:

1. Guidelines for Parties Engaged in Mediation (April 2026)

These guidelines aim to empower participants by setting out their rights, responsibilities, and expectations. The updates include considerations for diverse attendees and remote processes, spanning the mediation lifecycle from preparation through to post-resolution.

Key principles include:

• Engaging in good faith to settle or narrow issues, with mediators ensuring impartial facilitation
• Respecting confidentiality for all communications and documents
• Preparing thoroughly by identifying interests, options, and risks
• Exploring creative resolutions in a non-adversarial environment, with options for support persons or legal representatives

These guidelines help parties understand the process, get the most from it, and navigate challenges such as termination or implementation.

2. Guidelines for Lawyers in Mediations (April 2026)

This revision refines the committee’s views on legal practitioners’ roles, ethics, and best practices, with new emphasis on cultural sensitivity, online mediations, and good faith participation. It covers timing and mediator selection, preparation, advocacy skills, offers, and post-mediation steps.

Key principles include:

• Acting in good faith, with potential sanctions for non-genuine participation under certain legislation
• Safeguarding confidentiality, particularly in digital formats, and advising clients on risks and interests
• Shifting advocacy from adversarial to collaborative, focusing on mutual benefits and creative solutions
• Preparing clients thoroughly, including risk analyses and resolution strategies

Lawyers are reminded of their duties as officers of the court, balancing zealous representation with collaborative problem-solving to achieve cost-effective resolutions.

3. Ethical Guidelines for Mediators (April 2026) 

This update builds on previous versions with a refreshed definition of mediation and revised sections covering the mediation process, impartiality, conflicts of interest, competence, confidentiality, termination, settlement recording, publicity, and fees.

Key principles include:

• Maintaining strict impartiality and disclosing any conflicts before proceeding
• Upholding confidentiality unless legally required otherwise, with clear discussion of expectations
• Encouraging written settlements while advising parties to seek independent advice
• Prohibiting contingency fees and misleading advertising to preserve professional integrity

These guidelines aim to guide mediator conduct, inform parties, and support public confidence in mediation as a voluntary, collaborative process.

Conclusion

Taken together, the three revisions update practical guidance on mediation in Australia while preserving the ethical foundations developed over three decades. I encourage parties and lawyers involved in mediations to download and review them - and I’ll explore each in more depth in the audience-specific posts to follow.

The views in this post are my own and not to be taken as those of the committee or the Law Council.

You can access the guidelines here:

• Guidelines for Parties Engaged in Mediation (April 2026)
• Guidelines for Lawyers in Mediations (April 2026)
• Ethical Guidelines for Mediators (April 2026) 

I’d be interested in your reactions to these updates. Have you encountered situations in mediations that these guidelines might address? Please feel free to contact us to share your thoughts or experiences.