Frequently Asked Questions

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About AMDRAS

Did Recognised Accreditation Providers (RAPs) need to action anything before the Operative Date on 1 July 2024?

No. Existing NMAS RMABs (now RAPs) are simply required to meet their ongoing obligations under NMAS during the Transition Period (1 July 2024 to 30 June 2025), or until they become “AMDRAS ready”, from which time they may operate under AMDRAS.

Do Recognised Accreditation Providers (RAPs) need to action anything by the Transition Date of 1 July 2025?

During the Transition Period (1 July 2024 to 30 June 2025), RAPs are encouraged to update their systems and processes to become “AMDRAS ready” as soon as practicable.

RAPs can begin accrediting and reaccrediting under AMDRAS as soon as they become “AMDRAS ready”, remembering that registered practitioners have the option of accrediting and reaccrediting under NMAS or AMDRAS during the Transition Period.

RAPs need to be “AMDRAS ready” by no later than 1 July 2025.

When will AMDRAS become operative?

On the Operative Date of 1 July 2024, all MSB Members became AMDRAS Members; all NMAS RMAB’s became Registered Accreditation Providers (RAPs); and all NMAS Training Organisations became Recognised Training Providers (RTPs).

Effective from the Transition Date of 1 July 2025, to remain a RAP and/or RTP, Recognised Providers must comply and continue to comply with AMDRAS.

RAPs may become entitled to grant AMDRAS accreditation earlier than 1 July 2025 if they meet the requirements prescribed by Part 6 of AMDRAS and advise their members accordingly.

Similarly, RTPs may become entitled to deliver AMDRAS training earlier than 1 July 2025 if they meet the requirements prescribed by Part 6 of AMDRAS.

Will the Board be providing any guidance to assist Recognised Training Providers (RTPs) and Recognised Accreditation Providers (RAPs) to manage their transition from NMAS to AMDRAS?

The Board has developed a series of AMDRAS Guidelines to assist Recognised Providers in their transition from NMAS to AMDRAS which will be available on the AMDRAS website.

The Board will also be holding regular webinars for Recognised Providers to support the sector through the transition. Recording of these webinars will also be available on the AMDRAS website.

Regular newsletters will be published to keep AMDRAS Members informed of important events, milestones and updates.

Recognised Providers can also contact the AMDRAS Board for guidance.

About Mediation

How is mediation defined under AMDRAS?

Rather than defining mediation, AMDRAS sets out the role and functions of AMDRAS in the training, assessment, accreditation and regulation of Registered Practitioners.

In prescribing the knowledge, skills, ethics and responsibilities of Registered Practitioners, AMDRAS describes mediation as:

“A confidential facilitative process, in which the parties to a dispute endeavour to reach decisions and/or agreements with the help of a dispute resolution practitioner (the mediator). The mediator does not have a determinative role and does not advise the parties unless with their express consent.”

What is Mediation?

The AMDRAS describes mediation as is a confidential facilitative process, in which the parties to a dispute, with the help of a
dispute resolution practitioner (the mediator), endeavour to reach decisions and/or agreements. The mediator does not have a determinative role and does not advise the parties unless with their express consent.

Role of a Mediator

A mediator is a third-party dispute resolution practitioner who assists parties to a dispute identify the disputed issues, develop options, consider alternatives and endeavours to assist them to reach decisions and/or agreements. A mediator manages and may advise on or determine the process of mediation but does not determine the outcome/s of the dispute.

Mediation Processes

Mediation is a confidential facilitated processes where a third-party assists parties to a dispute to endeavour to resolve their dispute by reaching decisions and/or agreements.

Registered Practitioners, mediators and other accredited dispute resolution practitioners, practice in accordance with the AMDRAS Code of Ethics and any other legal, regulatory or professional obligations they have.

They facilitate an even-handed, safe and ethical process that supports agency, self-determination, co-determination and cooperative decision making to ensure informed decision making. They do not have a determinative role.

The mediator provides information, guidance and advice only when competent and authorised to do so.

For Mediators

Can I be accredited by more than one RAP?

Every Registered Practitioner must have one primary accrediting body, or RAP.

Registered Practitioners may choose to have their accreditation recognised by more than one RAP as many RAPS offer different benefits and advantages (including access to professional development, networking opportunities, mediator panels, insurance and complaints handling support).

Registered Practitioners may choose to become members of more than one RAP for similar reasons.

What should I do if my name does not appear on the National Register?

Your name should appear on the national register if you have met the accreditation / reaccreditation requirements, and have paid the accreditation / reaccreditation fee.

If you have met all the requirements and your name does not appear on the national register, you should contact your RAP directly who will rectify the issue on your behalf.

When searching be careful not to put a space after your name – it makes a difference with the search engine.

You want to become an AMDRAS Leading Mediator?

There are two different ways to become a Leading Mediator. The first way is provided for in section 16(a) of the AMDRAS Standards. This section requires you to have been an accredited mediator for at least 10 years and to have been previously accredited as an Advanced Mediator or equivalent for at least 6 of those 10 years. You can apply to your RAP using this process.

The second way is to apply to the AMDRAS Board through your RAP using s. 16(b) of AMDRAS where you do not meet the specific requirements of s. 16(a). This is equivalent, in some ways, to applying for an “alternative pathway” in relation to achieving accredited and advanced standing using AMDRAS sections 34 and 35. Because there is no training requirement for becoming a Leading Mediator there is no specified “alternative pathway” and these matters are elevated for consideration to the AMDRAS Board. As s. 16(b) makes clear you need to demonstrate to your RAP and the Board that you have sufficient practice experience and have been engaged in the dispute resolution field in such a way that is equivalent to those requirements outlined in s. 16.

FDRP Related Queries

What are the differences between being nationally accredited (NMAS /AMDRAS) and being registered as a Family Dispute Resolution Practitioner (FDRP)?

NMAS / AMDRAS accreditation recognises mediators and dispute resolution practitioners that have completed training and accreditation under NMAS / AMDRAS. NMAS / AMDRAS accredited mediators perform work across many and varied areas of practice and industry.

FDRPs are registered with the Federal Attorney-General’s department and specialise in dispute resolution relating to separation or divorce, and family law parenting and property matters.

FDRPs may also be NMAS / AMDRAS accredited.

How can I become accredited as a AMDRAS Mediator /FDRP if I am already accredited as the other?

There are different accreditation requirements for NMAS / AMDRAS and FDRP. You will need to review the requirements of each to see if you are eligible:
https://msb.org.au/becoming-mediator#maintaining OR
https://www.ag.gov.au/sites/default/files/2022-06/applying-for-accreditation-family-dispute-resolution-practitioner.pdf