Order 3 of the ADR Rules 2022 establishes a two-body structure and a defined training standard.
Committee and Council
| ADR Committee — Div 4 | Mediator Accrediting Council — Div 5 | |
|---|---|---|
| Chaired by | The Judge Administrator ADR | The Chief Justice |
| Role in accreditation | Receives applications and recommends | Receives and determines all applications |
| Practising certificates | Directs the Registrar to issue them — r 11(1) | — |
| Criteria | Develops criteria for ADR Practitioners — r 1(3) | Determines the accreditation criteria from time to time — r 28(1)(g) |
The Committee — at least three Judges appointed by the Chief Justice, one being the Judge Administrator ADR as Chair; the Chief Magistrate or nominee, and the Deputy Chief Magistrates (Lands and Judicial); the Dean of the Law School of the University of Papua New Guinea or nominee; the Director of the Legal Training Institute or nominee; the President of the Law Society or nominee; the Solicitor-General or nominee; the Secretary for the Department of Justice and Attorney-General or nominee; and representatives of mediators in the public and private sectors.
The Council — the Chief Justice as Chair, the Deputy Chief Justice, the Chair of the ADR Committee, the Registrar of the National and Supreme Courts, the Chief Magistrate, the Secretary for Justice or the Deputy Secretary-Policy, the Solicitor-General or one of the Deputies, and the head of an organisation representing mediators.
Order 3 Rule 5
Application is made to the Committee, for recommendation to the Council. All applications shall clearly specify the form of ADR for which accreditation is sought, and shall be supported by —
(a) evidence demonstrating that the applicant is a fit and proper person;
(b) evidence demonstrating satisfaction of the accreditation criteria relevant to the form of ADR sought;
(c) a detailed curriculum vitae and relevant professional and character references; and
(d) such other documentation as the Committee may from time to time require.
Rule 6(1): the Council may on the recommendation of the Committee decide to accredit where the applicant shows to the Council’s satisfaction that the qualifications in Rule 3 are met. By Rule 6(2), the Council may waive any or all the qualification requirements of Order 3 rule 3(1)(b) — that is, the criteria, but not the fit and proper requirement.
Rule 7: accreditation is subject to such conditions and restrictions as the Council may think appropriate, including restricted accreditation, and the Council issues a certificate of accreditation signed by the Chair.
Rule 8: the Registrar keeps a Register in Form 4, and a person accredited … shall sign the Register. Signing is a precondition of practice under Rule 10.
Schedule 1, Criteria A(1)
- The training team — at least two instructors, the principal instructor having more than three years’ experience as a mediator and at least three years’ experience as an instructor, with assistant instructors or coaches at a ratio of one for every three course participants in the final coached simulation, all coaches and instructors accredited.
- Duration — a minimum of 38 hours, which may be constituted by more than one workshop provided not more than 12 months has passed between workshops, excluding the assessment process.
- Simulations — involvement in at least nine simulated mediation sessions, performing the role of mediator in at least three.
- Feedback — written debriefing and coaching feedback in respect of two simulated mediations, given by different members of the training team.
- Assessment — by an independent assessor as having achieved competency as a mediator.
Order 1 Rule 3: a person who is qualified and experienced as a mediator who is experienced and competent to properly assess and determine the competence of other mediators.
Two other ways in
Satisfying the Council that the applicant has worked as a mediator prior to coming into operation of the accreditation criteria and has experience, training, and education satisfying the Council that they are equipped with the necessary skills, knowledge and understandings as set out in the core competencies referred to in the Code of Conduct, and who has met the continuing accreditation requirements in the 24 months prior to making an application.
By satisfying the Council that the applicant —
(a) resides in a village or tribe with specific linguistic and cultural characteristics and has specialised skills and knowledge and experience in mediation that are needed in the village or tribe in which the applicant resides; or
(b) comes from a rural or remote community where there is difficulty in attending a mediation training course or attaining tertiary or similar qualifications and has practised a form of mediation which is recognised and needed in the applicant’s community.
It opens accreditation to people whose competence comes from customary practice rather than from a 38-hour workshop — consistent with the long title’s reference to the Constitutional imperative to resolve disputes peacefully through consensus, and with the Rules’ recognition of a customary form of mediation.
Note also that the continuing accreditation requirements in Criteria B shall not apply to persons who have qualified by experience under A(2).
Criteria B and C
Mediators shall provide evidence of having, in the last 12 months preceding their application for renewal —
(a) met all the requirements of the ADR Rules and Code;
(b) conducted at least 25 hours of mediation or the particular form of ADR practised, or co-mediated or co-conducted it; and
(c) attended at least two continuing education programs for mediators.
Criteria C: the Council may from time to time deem the holding of a particular foreign qualification to satisfy all or part of Criteria A(1). And holders of accreditation under the Australian National Mediator Accreditation Standards (NMAS) or similar as approved by the Committee shall be deemed to be so accredited for the purposes of acting as instructors and coaches.
Read Criteria B together with the separate two-yearly practising certificate conditions in Order 3 Rule 13(1) — five mediations and one educational program in the two years before renewal. Both sets must be satisfied.
Sources
- Alternative Dispute Resolution Rules 2022 — O 1 r 3; O 3 rr 1–13, 14–18, 25–28; Sch 1; Sch 2 Forms 4, 5A, 5B, 6; Sch 4
The ADR Rules 2022 are on PacLII as a PDF only.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.