Can a Mediator Provide Advice? Understanding the Boundaries in Australia

By Samantha Hardy and Claire Holland

Mediators play a crucial role in helping parties resolve disputes, but can they actually provide advice? The answer is more nuanced than it may initially appear. In Australia, mediation is predominantly a facilitative process, meaning mediators do not make decisions for the parties. However, there are circumstances where a mediator may offer advice, provided specific conditions are met.

This article explores when and how advice may be given, the different styles of mediation that influence this practice, and the risks and ethical considerations that mediators must keep in mind.

 The role of a mediator in Australia

According to the Australian Mediator and Dispute Resolver Accreditation Standards (AMDRAS), mediation 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.”

The key point here is that a mediator does not have a determinative role—meaning they do not impose decisions or direct outcomes. Unlike a judge, arbitrator, or even a conciliator in certain circumstances, a mediator is there to guide discussions, not to determine what is fair or to recommend specific outcomes.

This facilitative role, however, does not entirely prohibit mediators from sharing knowledge. The extent to which they can do so depends on the context of the mediation and the expectations set by the parties and the mediation service.

Defining information, guidance and advice

To understand the limitations on providing advice, it is essential to define what constitutes ‘advice’ in mediation.  AMDRAS refers to information, guidance and advice.

Here’s how we define and compare these three concepts:

Providing Information – The mediator or conflict resolution practitioner shares neutral, factual details without interpretation or recommendation. This empowers parties to make informed choices on their own. For example, a mediator might say, “In today’s mediation, you will both have an opportunity to speak and listen to the other party. Today’s process is also confidential, to the extent we discussed in the intake and as outlined in your agreements to mediate.” The key traits here is that the information provided is objective, fact-based, and there is no personal input.

Providing Guidance – The mediator helps parties understand their options by explaining possible outcomes, providing process guidance, or explaining approaches, without making a specific recommendation. Guidance clarifies choices but leaves the decision to the parties. For example, a mediator could state, “Some people find it helpful to start with their main concerns, while others prefer to first acknowledge the other person’s perspective. Either approach can help build a constructive conversation.” The key trait demonstrated in providing guidance is that the mediator frames information to help parties navigate their decisions but still remains neutral.

Providing Advice – The mediator steps into a more directive role by recommending a specific course of action based on their expertise. While some mediation models discourage this, other conflict resolution roles (such as coaching or consulting) may involve advice-giving. For example, a mediator could make a specific process or outcome recommendation, such as saying to one party, “I recommend that you begin by acknowledging the impact of the conflict on the other party, as that may reduce their defensiveness and lead to a more productive dialogue.” The key trait here is that the mediator is acting on their knowledge or experience and making statements that the parties may rely on.