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

As a member of the Law Council of Australia's Alternative Dispute Resolution Committee, I’m delighted to let you know that the Law Council has recently published three revised guidelines prepared by the ADR Committee to enhance the practice of mediation across the country. As a co-author of these documents, I can attest to the collaborative effort that went into updating them to reflect contemporary practices, including insights from the Singapore Convention on Mediation and evolving ethical standards.

These guidelines, now available on the Law Council's website through the links below, provide clear, practical frameworks for mediators, lawyers, and parties involved in mediations. They emphasize self-determination, good faith, impartiality, and confidentiality, while adapting to modern formats like online mediations. Whether you're advising clients, facilitating sessions, or participating directly, these resources are designed to promote fair, efficient, and ethical outcomes in civil, commercial, and other disputes. First published in 1996, the Ethical Guidelines for Mediators have been revised to reflect three decades of evolution in mediation practice.

Here's a quick overview of each:

1. Ethical Guidelines for Mediators (June 2025)

This update builds on previous versions by incorporating a revised definition of mediation with a nod to the Singapore Convention's definition, ensuring alignment with international standards. Key sections cover 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 discussions on 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 boost public confidence in mediation as a voluntary, collaborative process.

2. Guidelines for Lawyers in Mediations (June 2025)

This revision refines the committee’s views on legal practitioners’ roles, ethics, and best practices, with new emphases on cultural sensitivity, online mediations, and good faith participation. It covers everything from timing and mediator selection to 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, especially 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 strategies for resolution

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

3. Guidelines for Parties Engaged in Mediation (June 2025)

These aim to empower participants by outlining their rights, responsibilities, and expectations. The updates include considerations for diverse attendees and remote processes. They span the mediation lifecycle from preparation 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
• Thoroughly preparing 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, maximize outcomes, and navigate potential challenges like termination or implementation.

As a trilogy these revisions represent a significant step forward for guidance on mediation practice in Australia, addressing emerging needs while reinforcing timeless ethical foundations. I encourage all lawyers involved in mediations to download and review them. They're invaluable for refining your practice and advising your clients, especially on what to expect and how to prepare effectively.

As a mediator I look forward to bringing the guidelines to the attention of those lawyers and mediation participants I engage with.

Other members of the ADR Committee may wish to emphasise other principles, and the above views are my own and not to be taken as the committee’s or Law Council’s views.

You can access them here:

• Ethical Guidelines for Mediators
• Guidelines for Lawyers in Mediations
• Guidelines for Parties Engaged in Mediation

 I’m keen to hear what you think about these updates. Have you encountered challenges in mediations that these guidelines might address? I’m happy to engage in discussion on any aspect of these revised guidelines. Please feel free to contact us to share your thoughts or experiences.

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