Mediation for Aboriginal and Torres Strait Islander peoples

Mediation can help people resolve conflict without going to court. It is based on the idea that the best way to solve a problem is to get everyone together to talk about it.

It helps communities:

• keep ownership of disputes
• use elements of customary law and practice
• find solutions that are in keeping with their cultural values.

About mediators

Trained mediators help guide the discussion and make sure everyone gets a chance to speak. Mediators are impartial meaning they don’t take sides.

Mediators work at Dispute Resolution Centres (sometimes called DRC). The DRC was created to give the community free and confidential mediation services.

Mediation in the community

Conflict in Aboriginal and Torres Strait Islander communities can affect many people in the community. With mediation, everyone involved in the conflict has a say. This can make the solution more satisfying than a court order.

When mediators run mediation sessions in remote communities, they work closely with community leaders and the people involved. This makes sure the session is culturally sensitive and appropriate.

Matters that may be resolved with mediation include disputes that:

• are among family
• are between two people
• involve Sorry Business
• multi-party disputes which involved many people in the community.

Mediation in regional and urban areas

Aboriginal and Torres Strait Islander peoples living in regional and urban areas have also resolved disputes with mediation. Common types of disputes include:

• workplace conflict
• peace and good behaviour matters
• neighbourhood disagreements.

Aboriginal and Torres Strait Islander mediators

You can ask for an Aboriginal and Torres Strait Islander mediator.

Our community mediation panels include nationally accredited Aboriginal and Torres Strait Islander mediators, as well as non-Indigenous mediators. Both have experience working with Indigenous peoples.

What you can say in mediation

Mediation in your community may involve large groups of people. The people who are in mediation decide how much to keep confidential.

The mediators take an oath of secrecy which means they cannot talk about the issues to anyone outside the mediation room.

Also, mediation is privileged. This means that everything you say during mediation cannot be used in a court of law or a tribunal.

Mediation agreements

Agreements made at mediation are in good faith and are not legally binding.

This is because most mediation agreements involve people taking responsibility for their own actions in social settings. Legally, people cannot be monitored in these settings.

Training in mediation

We offer dispute resolution training to Aboriginal and Torres Strait Islander people, organisations, and communities.

Find out more about training in mediation.