The document, 'Draft Mediation Guidelines: Guidelines for the behaviour of parties and their representatives in mediation in the National Native Title Tribunal' has been prepared by the Classification, Legal Services and Native Title Division of the Attorney-General's Department. The document has been prepared in response to a recommendation of the Claims Resolution Review that the Native Title Act 1993 (NTA) be amended to provide that all parties and their representatives be obliged to act in good faith and that a corresponding code of conduct be developed. The NTA was amended accordingly in April 2007.
The submission is divided into the following sections:
- General Comments
- Clarity of the guidelines
- Native Title Mediator Code of Conduct
- Legal Representatives
- Decision-making and representativeness
- The force of the guidelines
- Termination of mediation
- Reporting and decision-making
- Are the guidelines legally binding?
- Effective Resolution Principles
- Cultural Awareness principles