Lawyer mediators delivering for consumers

Thursday, 10 October 2024

Lawyer mediators delivering for consumers  

A new accreditation system launched today for lawyer mediators will provide people wanting to resolve disputes outside court the choice of selecting a legally qualified mediator to help them.

Speaking at the Annual Conference of the Law Society of NSW today, President Brett McGrath said the Lawyer Mediator Accreditation Scheme (LMA Scheme) will assure people seeking mediation that they’re in the hands of an expert problem solver backed by legal practice experience, and stringent professional standards.

“Dispute resolution is core business for lawyers. That means a background in the legal profession provides a layer of analytical skills that is not a given for other mediators. The variety of practice areas from which lawyer mediators are drawn also means parties can have a subject matter expert to help resolve their dispute,” Mr McGrath said.

“The LMA Scheme sets rigorous standards requiring lawyer mediators to have completed comprehensive mediation training from an accredited provider, as well as being subject to ongoing additional professional development requirements to ensure their mediation skills and knowledge are up to date.”

Mr McGrath said mediation provides disputing parties a dignified process where each party can feel heard, and is usually less costly and less stressful than court litigation.

“The notion of ‘having your day in court’, with its adversarial approach and ‘winner takes all’ outcomes, can be deeply unpleasant for many people, often exacting a significant financial, psychological and emotional toll. Mediation allows the parties to exercise self-determination as they are guided towards making the ultimate decisions themselves,” Mr McGrath said.

Mediation is a process that falls within the broader Alternative Dispute Resolution (ADR) environment, and is conducted confidentially in private, away from the public gaze to which litigants in courts are usually subjected. The variety of matters resolved by mediation can be as diverse as human experience itself, but many involve legal aspects.

This includes property settlements in family law matters, family provision and division of estates where wills are contested, and commercial disputes where contracts include provisions that mandate a genuine attempt at mediation by the parties before they’re permitted to escalate the matter to court.

Mr McGrath said that while mediators may come from any professional background, lawyer mediators bring the independence that is the mark of the legal profession along with an objective eye and, importantly, legal practice experience.

“Mediators are not able to give legal advice during a mediation, but LMA Scheme accredited solicitors will offer an invaluable skill set, often including extensive experience in litigation,” Mr McGrath said.

“This equips the lawyer mediator to highlight to parties the alternatives or consequences for them if they elect not to settle their matter during the mediation process. This includes guiding the parties towards an outcome that would not be inconsistent with a judgment a court might make.”

The Chair of the Law Society’s expert ADR Committee Gary Ulman noted that one benefit of the LMA Scheme will be that it encompasses the strict ethical obligations to which lawyers are already subject, and the problem-solving experience they bring to the mediation process as legal practitioners. 

“When people have a serious problem to solve, they need the confidence that the mediator they have chosen is a dispute resolution expert, and is also legally accountable for their conduct during the mediation process,” Mr Ulman said.

“People who appoint a lawyer mediator can also be assured that the professional they’ve entrusted with their issue is subject to legally enforceable ethical standards through the Legal Profession Uniform Law.”

“The LMA Scheme will benefit both lawyer mediators and the public by providing solicitors a straightforward path to accreditation and by offering people a clear choice when they decide on the person best qualified to guide their dispute through to resolution.”     

Solicitor members of the Law Society of NSW presently accredited as mediators will be eligible to apply under the LMA Scheme. Once accredited, they will need to renew their accreditation through the LMA Scheme every two years, by demonstrating their adherence to the requirements of the Scheme.

Find further details about ADR, including information about the LMA Scheme here

MEDIA CONTACT:
Damien Smith | Director, Media and Public Relations
The Law Society of New South Wales
M: +61 417 788 947 | E: Damien.Smith@lawsociety.com.au