The purpose of this memorandum is to issue the attached guidelines for public sector mediation. The guidelines build on two earlier Memoranda (No. 89-42 and No. 94-25) which indicated that it is Government policy for agencies to use alternative dispute resolution techniques, as far as appropriate.

The guidelines have been produced by representatives from the Audit Office, the Attorney General's Department and the NSW Ombudsman. The guidelines provide a framework for using mediation in the public sector in an attempt to ensure that there is no conflict between the principles of confidentiality and public accountability in the appropriate use of mediation.

The guidelines indicate that, as each dispute raises its own issues, they are not meant to be prescriptive. Accordingly, further advice may need to be sought in some cases and any such enquiries may be directed to the Alternate Dispute Resolution Co-ordinator at the Office of the Ombudsman on (02) 9286 1042.

All areas within your administration, including Government Trading Enterprises, should be encouraged to comply with the guidelines. In relation to State Owned Corporations, I consider that the guidelines provide a sound approach to dealing with accountability issues when resolving disputes. Accordingly, I would urge shareholding Ministers and boards of State Owned Corporations to give consideration to adopting the guidelines by incorporating them into their statements of corporate intent.

Would you please ensure that these guidelines are brought to the attention of all departments and other authorities, including Government Trading Enterprises and State Owned Corporations, within your portfolio.

Andrew Refshauge MP
Acting Premier