Mediation service

The Institute has a mediation service to assist members in resolving disputes. Mediations may be conducted in Sydney, Melbourne, Brisbane, Perth and Adelaide. Members outside these cities may of course apply for mediation and travel to these cities to use the service. 
 
What is mediation? 
Two or more parties resolve a dispute by face-to-face negotiation, with the assistance of an independent expert mediator who facilitates the discussions with the view to promoting a mutually acceptable outcome. 
 
The service is voluntary (i.e. both parties involved in the dispute must be willing to participate) and involves a panel of Institute-appointed expert mediators. A formal process is followed by all parties, including signing mediation agreements and paying the agreed fees. 
 
Although the parties involved in the dispute are required to cover the costs of mediation, the Institute is absorbing the cost of administering and operating the service. Therefore, each request for mediation will be assessed on its merits, to determine whether or not it would be cost effective to proceed to mediation. All decisions will remain at the Institute’s discretion.  
 
What are the advantages of mediation?

• It is voluntary. No one is forced to take part
• It is considerably quicker and cheaper than litigation
• It is confidential. Mediation takes place on a ‘without prejudice’ basis, so negotiations cannot be referred to a court if the mediation fails
• The parties are in control. Solutions are found by the parties rather than being imposed by a third party such as a judge
• It can be used to deal with disputes before they escalate into very complicated or costly disputes
• It can be used to improve business relationships and provide useful professional feedback
• It has been demonstrated to be a highly successful technique in Australia and overseas.

When is mediation not appropriate? 
Mediation will not deal with HR issues or with relatively minor matters (including small fee disputes) which fall into the jurisdiction of consumer small claims tribunals. It will not deal with complaints which are the proper subject of a disciplinary hearing or currently the subject of litigation.  
 
Other dispute resolution resources

• The Institute’s Dispute Resolution Toolkit offers practical guidance on what Chartered Accountants can do to reduce the number of client disputes, and manage any that do occur
• The Institute's complaints and disciplinary process involves investigating complaints made against members or other issues concerning their conduct, which come to the Institute's attention.

How to apply for the Mediation Service 
Enquiries about mediation, in the first instance, should be made to the Institute’s Service Centre on 1300 137 322. Alternatively, written requests for mediation can be submitted.
 
Any request will be reviewed by the Institute's Professional Conduct team and decisions on which matters will be referred to mediation remain at the Institute’s discretion.

Article last updated 18 May 2011