ACCREDITATION

accreditation ceremonies ... 6.28
competency standards and ... 7.6
of mediators ... 8.2-8.3
revocation of ... 7.83
see also REACCREDITATION

appeals re accreditation of mediators ... 7.83, 8.2
voluntary mediation available from ... 1.13

of mediation proceedings ... 6.33-6.40

AGENTS

presence of, in mediation ... 5.53-5.63

CJCs' role in development of ... 2.11-2.13
CJCs' role in promotion of ... 2.13-2.16
mediation ... see MEDIATION
other activities ... 2.4-2.16

mediation of, at CJCs ... 4.3

CASE APPRAISAL

distinguished from pre-mediation ... 5.26

mediating with children who commit violence ... 4.48-4.50, 4.72
needs of indigenous school children ... 9.37
owed duty as third parties ... 7.25
protection of ... 5.30, 6.22-6.26, 6.40

enforcement of ... 7.47-7.48

culture-matching ... 5.40
helps impartiality ... 7.34
impact on remuneration of mediators ... 8.36
training method ... 8.17

mediation of, at CJCs ... 4.4-4.13

Indigenous communities ... 9.34-9.36

Code of Professional Conduct ... 7.22-7.23
competencies for mediators ... 7.8-7.10
Council ... see COUNCIL
Deputy Director ... see DEPUTY DIRECTOR
Director ... see DIRECTOR OF CJCs
establishment ... 1.4-1.6
functions of ... 1.26-1.47
geographic coverage ... 1.37-1.39
see also REGIONS
organisational objectives ... 2.32-2.36
payment for services ... 1.40-1.47
pilot program ... see PILOT PROGRAM
premises ... 10.1-10.12
gazettal of premises ... 10.2-10.3
use of court facilities ... 10.4-10.12
records ... see RECORDS
reference groups ... see REFERENCE GROUPS
regions ... see REGIONS
renaming ... 2.37-2.46
State's role in providing mediation services ... 1.28-1.32

objects clause ... 2.1, 2.16-2.27, 9.41
outline ... 1.7-1.12
review clause ... 10.17-10.20

enforcement of ... 7.47-7.48
for pre-mediators ... 5.45-5.47

CONFIDENTIALITY ... 6.14-6.30

complaints-handling ... 7.91-7.92
exceptions to ... 6.18-6.26
Indigenous people ... 7.30, 9.26
oath/affirmation ... 6.27-6.30

Indigenous communities ... 9.34-9.36

enforcement of standards, codes and guidelines ... 7.47-7.48
informing consumer choice ... 7.62-7.66
NADRAC proposes measures for ... 6.6
providing information to parties ... 7.65-7.66
right to terminate a mediation ... 7.64
see also COMPLAINTS-HANDLING; FEEDBACK; OMBUDSMAN

functions ... 3.4-3.14, 3.18-3.26
membership ... 3.3, 3.15-3.16, 3.27-3.34
origins ... 3.2

CJCs' use of court facilities ... 10.4-10.12
see also LOCAL COURTS (NSW)

immunity from ... 6.32

DIRECTOR

approval of premises ... 10.1, 10.4, 10.12
determining training needs ... 8.47, 8.54
keeping of records ... 10.22, 10.25
membership of CJCs Council ... 3.3, 3.27, 3.32
permitting participation in mediations ... 5.51, 5.53, 5.55-5.56, 5.58, 5.62, 5.64
role in management ... 3.9, 3.22, 3.35, 3.38-3.42
recommending accreditation of mediators ... 8.2, 8.12, 8.21, 8.25
refusal of disputes at CJCs ... 4.1, 4.13, 4.72
see also DEPUTY DIRECTOR

DOMESTIC VIOLENCE

definition ... 4.29
identification at pre-mediation ... 5.30
Indigenous people ... 9.26
members of Police Service not exonerated from liability ... 6.12-6.13
see also APPREHENDED VIOLENCE ORDERS; VIOLENCE

ENFORCEABILITY OF OUTCOMES ... 5.88-5.93

ETHNICITY

cross-cultural skills/training ... 7.7, 8.11, 8.42, 8.43
cultural background of disputants ... 8.7, 8.8
cultural background of mediators ... 8.6, 8.7, 8.8
culturally appropriate service provision ... 2.23, 2.30, 2.36
culturally-based community-specific CJCs ... 2.25
impartiality ... 7.30
intake procedures ... 5.39-5.41, 8.8
interpreters ... 5.84
special considerations re Indigenous people ... 9.2
see also INDIGENOUS PEOPLE

EXONERATION FROM LIABILITY

Mediators and other officers and staff of CJCs ... 6.2-6.9
Members of the Police Service ... 4.47, 6.8, 6.10-6.13

distinguished from pre-mediation ... 5.26

lawyers in family law disputes ... 5.77
mediation of disputes at CJCs ... 1.27, 4.14-4.17
needs of indigenous people ... 9.24
special requirements for mediation under Family Law Act 1975 (Cth) ... 1.27, 5.14, 6.23, 6.29, 7.65, 7.73, 8.45

complaints-handling ... 5.15, 7.79-7.93
general feedback ... 7.68-7.74
research ... 7.75-7.78

enforcement of ... 7.47-7.48
see also CODES OF PRACTICE

IMPARTIALITY

of mediators ... 6.3, 7.8, 7.22, 7.27-7.36
organisational goal of CJCs ... 2.35
see also NEUTRALITY

CJCs' Aboriginal and Torres Strait Islander Network ... 9.7, 9.10-9.11
current provision for ... 9.8-9.11
experience of justice system ... 2.43, 10.8
Indigenous CJCs ... 9.16-9.18
Indigenous mediators ... 5.40, 8.7, 9.9, 9.29-9.33
integrated service delivery ... 9.14-9.15
models for providing services to ... 9.12-9.21
needs of Indigenous people/communities ... 2.24, 5.40, 8.7, 9.1-9.7, 9.34-9.38
neutrality in mediations ... 7.30
objects clause ... 2.27
promotion of community relations ... 2.8
representation on CJCs Council ... 3.33
training in Indigenous issues ... 8.43
training in mediation ... 9.9, 9.11
types of services required ... 9.21-9.40
see also ETHNICITY

functions of pre-mediation ... 5.29-5.41
Indigenous people ... 9.27, 9.33
pre-mediation at CJCs ... 5.26-5.28
pre-mediation training ... 5.28, 5.48, 4.63
pre-mediators ... 5.42-5.48
violence ... 4.61-4.62

presence of, in mediation ... 5.84-5.87

presence of, in mediation ... 5.73-5.83

Apprehended Violence Orders ... 4.27, 4.59
effect of increased referrals from ... 5.82
magistrates on CJCs Council ... 3.3, 3.27, 3.30
presence of mediators for on the spot mediation ... 4.73-4.74, 10.11
relationship with CJCs ... 1.27, 1.28, 3.3, 4.5, 5.7, 10.8
small claims mediation ... 4.7, 5.28, 7.65

MEDIATION

co-mediation ... see CO-MEDIATION
codes of practice ... see CODES OF PRACTICE
confidentiality ... see CONFIDENTIALITY
continuing participation ... 5.14
definition ... 2.2-2.3, 2.28, 2.31
enforceability of outcomes ... 5.88-5.93
factors requiring exclusion of some disputes- ... 4.18-4.25, 4.67-4.68
lack of good faith ... 4.24
mental and physical condition of the parties ... 4.22, 4.72
other relevant factors ... 4.25, 4.72
power imbalance ... 4.23, 4.42-4.46, 4.72
violence and other reportable behaviours ... 4.20-4.21, 4.72
good faith requirement ... 5.17-5.19
mandatory mediation ... see MANDATORY MEDIATION
mediation of commercial disputes at CJCs ... 4.4-4.13
mediation of family law disputes at CJCs ... 4.4-4.13
parties to a mediation ... see PARTIES
pre-mediation ... see INTAKE ASSESSMENT
presence in mediation of-
agents ... 5.53-5.63
interpreters ... 5.84-5.87
lawyers ... 5.73-5.83
other persons ... 5.50-5.87
representatives ... 5.53-5.63
support persons ... 5.64-5.72
right to terminate a mediation ... 7.64
scope of mediation at CJCs ... 4.1-4.74
voluntary participation ... see VOLUNTARY PARTICIPATION

accreditation ... see ACCREDITATION
competency standards ... see COMPETENCY STANDARDS
cross-cultural training ... 8.8, 8.42
cultural background of ... 8.6-8.12
exoneration from liability ... 6.2-6.9
impartiality ... see IMPARTIALITY
Indigenous people ... 9.9, 9.29-9.33
neutrality ... see NEUTRALITY
oath/affirmation of confidentiality ... 6.27-6.30
opportunities to mediate ... 7.5
peer assessment ... 7.61
pre-mediators ... 5.42-5.48
professional supervision and support ... 7.57-7.60
qualifications
competency standards preferred ... 7.7
prior qualifications ... 8.14-8.15
see also TRAINING
reaccreditation ... see REACCREDITATION
remuneration and conditions ... 8.26-8.38
selection of ... 8.4-8.17
status ... 8.21-8.25
training ... see TRAINING

Indigenous people ... 7.30, 9.26
see also IMPARTIALITY

OBJECTS CLAUSE ... 2.1, 2.16-2.27

Indigenous people ... 9.41

PARTIES (to a mediation)

duty to third parties ... 7.25-7.26
mental and physical condition ... 4.22, 4.72
providing information to parties ... 7.65-7.66
right to terminate a mediation ... 7.64
see also CONSUMER PROTECTION; VOLUNTARY PARTICIPATION

coordinating committee ... 3.2
review of ... 1.5, 5.5, 10.20

CJCs communication with ... 2.15
Community Youth Conferencing Program ... 2.4
exoneration for members of ... 4.47, 6.8, 6.10-6.13
referral to mediation by police officers ... 5.3
relationship with Indigenous people ... 9.37
representation on pilot program coordinating committee ... 3.2
safety at CJCs venues ... 10.5

see also CODES OF PRACTICE

PRIVILEGES ... 6.31-6.42

admissibility of evidence ... 6.33-6.40
concealing a serious indictable offence ... 6.41-6.42
defamation ... 6.32

REACCREDITATION ... 7.6, 8.2-8.3, 8.38

see also ACCREDITATION

access and disposal ... 10.24-10.26
for evaluation ... 10.22-10.23
see also RESEARCH

Aboriginal and Torres Strait Islander Network ... see under INDIGENOUS PEOPLE
Professional Reference Group ... 3.4, 3.45-3.49, 7.46, 8.38, 8.47
Training Group ... 3.42, 3.50-3.52, 8.38, 8.47-8.49, 8.52, 8.54

Northern region-
recruitment of Indigenous mediators ... 9.9, 9.14, 9.18-9.20, 9.29, 9.40
regional coordinators ... 3.37, 3.50, 8.2, 8.38, 8.48
Southern region ... 10.11
Sydney region ... 7.57
Western region-
pre-mediation training ... 5.28

presence of, in mediation ... 5.53-5.63

empirical re CJCs ... 1.3
purpose of ... 7.75-7.78

review clause in CJCs Act ... 10.17-10.20
see also RESEARCH

STANDARDS ... see COMPETENCY STANDARDS

SUPPORT PERSONS

presence of, in mediation ... 5.64-5.72

TRAINING

adaptation of, for Indigenous people ... 9.9, 9.11
CJCs' mediator training ... 2.1
content of courses ... 8.48-8.54
continuing education ... 8.38-8.57
cross-cultural training ... 8.8, 8.42
Indigenous issues ... 9.32
initial training ... 8.5, 8.18-8.20
payment for participation in ... 8.37
pre-mediation training ... 5.28, 5.48
recognition of previous/other training and experience ... 8.16-8.17, 8.55-8.57
specialised training ... 8.41-8.47
to avoid partiality ... 7.35
Training Group (CJCs) ... 3.50-3.52
violence issues ... 4.63-4.65

VIOLENCE

factor requiring exclusion of some disputes ... 4.20-4.21, 4.72
mediating with children who commit violence ... 4.48-4.50, 4.72
mediation of matters involving ... 4.26-4.74
mediation of other matters where violence is present ... 4.35-4.66
industry practice ... 4.54-4.59
mediation of violence itself ... 4.31-4.34
power differential ... 4.42-4.46
see also APPREHENDED VIOLENCE ORDERS; DOMESTIC VIOLENCE

Indigenous people ... 9.26