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Government Procurement and Capability Information: What Agencies Need Before Engaging Dispute Resolution Training

Writer: Shiv  Martin
Shiv Martin
Oct 13
13 min read

Updated: 3 days ago

A facilitator standing to talk through a document with three seated colleagues at a meeting table

Government procurement and capability information means the documents and details an agency should collect before engaging a dispute resolution training provider: accreditations, sector experience, practitioner depth, delivery formats, confidentiality handling and evidence of results. Gather these alongside a clearly scoped problem statement so your request for quote compares providers on fit, not day rate.


Most agencies that contact me already have the budget and the need. What they lack is the paperwork to show a delegate, a procurement team or an auditor that the decision was sound. In-house, multi-day training for complaints, conciliation or tribunal-facing teams is a tailored service, and the usual tools for buying a short course do not fit it well.


This guide is a procurement companion. It covers what capability information to request, how to scope a request for quote (RFQ), how to compare providers when pricing is tailored rather than published, and a checklist you can adapt. It is written for L&D leads, procurement officers and heads of complaints in ombudsman offices, commissions, tribunals, regulators and departments.


Key Takeaways


  • In-house dispute resolution training is a scoped service, not a catalogue item. Quotes without scoping are guesses.

  • Ask providers for evidence of accreditation, sector experience, practitioner-led delivery, panel depth, delivery formats and confidentiality handling.

  • Define the real problem before going to market. Not every matter needs mediation. Some need coaching, facilitation, investigation or a clearer management decision.

  • Evaluate on sector fit, tailoring, who actually delivers and evidence of results. The lowest day rate predicts very little.

  • Tailored pricing follows a conversation. Use that conversation to sharpen your scope and strengthen your business case.

  • Delay in procuring capability has a cost. Teams respond to silence and uncertainty as much as to the original issue.


Summary: The Procurement Stages at a Glance


Stage 1: Problem definition

  • What you are deciding: What is actually going wrong, and for whom

  • Document to produce: One-page problem statement

  • Risk if skipped: Buying mediation training for a management-decision problem


Stage 2: Capability request

  • What you are deciding: Who can credibly deliver in your context

  • Document to produce: Capability information pack from each provider

  • Risk if skipped: Comparing marketing language instead of evidence


Stage 3: Scoping

  • What you are deciding: Cohort, content, format, follow-up

  • Document to produce: Draft RFQ scope

  • Risk if skipped: Quotes that cannot be compared


Stage 4: Evaluation

  • What you are deciding: How you will judge fit

  • Document to produce: Criteria agreed before responses arrive

  • Risk if skipped: Defaulting to the cheapest response


Stage 5: Business case

  • What you are deciding: Why this provider, this scope

  • Document to produce: Short justification tied to outcomes

  • Risk if skipped: Approval delays and weak audit trail


Why is buying capability training different from buying a course?


Capability training is a tailored, multi-day, in-house service, so it cannot be priced from a catalogue. The scope depends on your legislation, caseload patterns, cohort size and what staff must do differently afterwards. Procurement therefore needs a scoping step before a quote, not a price list and a purchase order.


A public course is a fixed product. You compare the date, the location and the fee, and you send one or two people. An in-house program is closer to a design commission. The content is built around your statutory context, your real case patterns and the conversations your staff actually have.


In my experience, that difference is where procurement processes stumble. A standard RFQ template asks for unit prices, and a tailored program does not have a meaningful unit price until the scope is clear. Agencies then receive quotes that look comparable but describe different things: different numbers of days, different levels of customisation, different follow-up.


Here is a real example of why context matters. A federal government department needed tribunal-facing staff trained in mediation. I designed and delivered a five-day accredited mediation training program in-house, tailored to the department's statutory context. The whole cohort trained together inside their own regulatory frame, rather than attending generic external courses and translating the content afterwards. That outcome was only possible because the scope was shaped before the program was priced.


Rules differ between the Commonwealth, states and territories, and by contract value. The Commonwealth Procurement Rules, administered by the Department of Finance, centre on value for money, and your own procurement team will know which thresholds and approach-to-market requirements apply to you. Check these early. The purpose of this guide is to make the documentation behind that value-for-money judgement stronger, not to replace your internal policy.


What capability information should you request from a provider?


Request evidence in five areas: professional accreditation, relevant sector experience, the depth of the delivery team, available delivery formats and how confidential material is handled. Ask for each in writing, and ask who will personally deliver the work. Capability claims should be verifiable, not implied.


1. Accreditations and professional standing


For dispute resolution training, ask which credentials the lead practitioner holds and whether they are current. Useful items include national mediator accreditation under the National Mediator Accreditation System (NMAS), a practising certificate if legal practice is relevant to the content, and a certified trainer qualification. The NMAS standards are set by the Mediator Standards Board, so accreditation can be checked against a recognised framework.


Shiv Martin Consulting is led by a nationally accredited mediator who is also a practising lawyer, conciliator, certified trainer and facilitator. If you are comparing providers, ask each one to state which of these roles the person in the room actually holds, not which roles exist somewhere in the organisation.


2. Relevant sector experience


Ask for a description of comparable work in government, regulated or complaints-handling settings. You are not asking for client names. Many engagements are confidential. You are asking whether the provider understands statutory decision-making, procedural fairness and the pressure on frontline complaint handlers.


As the provider's own data, Shiv Martin Consulting has worked with 50+ government and business organisations and has 15+ years of dispute resolution practice. Treat figures like these as a prompt for questions, not a conclusion. Ask what the work involved and what changed afterwards.


3. Expert panel depth


A founder-led practice often works with a wider panel. That can be a strength, since different matters need different expertise, but ask how the panel is used. Who designs the program, who delivers it, and what happens if the lead is unavailable? Depth only matters if it is described clearly.


4. Delivery formats


Ask what is available and what each is suited to: in-person multi-day delivery at your premises, shorter workshops, facilitated sessions for a specific team, and follow-up or embedding sessions after the main program. Ask whether content is adjusted for your cohort or reused from a template.


5. Confidentiality handling


Training built on real case patterns requires care. Ask how the provider handles confidential or sensitive material, whether they will sign a confidentiality deed, how any case examples are de-identified, and how notes or materials are stored. This question is also a quick test of professionalism.


6. Commercial and compliance documents


Your procurement team will have its own requirements, such as insurance certificates, supplier registrations, panel arrangements and referee details. Do not assume any provider holds a particular one. Request each item explicitly and confirm it before you rely on it. Shiv Martin Consulting provides this information during a confidential conversation, tailored to the requirements of your agency.


How do you scope a request for quote before going to market?


Scope by defining the problem first, then the cohort, the outcome you need and the follow-up. A good RFQ describes the situation and the desired change in capability, then invites providers to propose how they would deliver it. It should not simply name a course and ask for a price.


Three people in a planning conversation over coffee at a meeting table

1. Define the real problem first


Before you write a word of the RFQ, write a one-page problem statement. What is happening? Where does it show up: in complaint escalations, in staff turnover, in tribunal-facing interactions, in internal disputes? Who is affected? What have you already tried?


The issue is rarely just a skills gap. Often it sits alongside role clarity, workload, procedure or a decision that has not been made. Conflict is not a failure. It is often a signal that something important has not yet been properly understood, and your scope should reflect what the signal is pointing at.


2. Not every matter needs mediation


This is my firmest contrarian point for buyers. Many agencies assume that a conflict problem calls for mediation training, because mediation is the familiar tool. It is not always the right one. Not every matter needs the same process.


I use what I call Process-Fit Distinctions to test the scope before it goes to market:


  • Mediation vs investigation: if facts are disputed and findings are needed, mediation will not provide them.

  • Conflict vs misconduct: a conduct matter has obligations that a conversation cannot replace.

  • Early resolution vs avoidance: quick is not the same as resolved. Moving on without addressing the issue is avoidance.

  • Neutrality vs fairness: a neutral process can still feel unfair if people do not understand it.

  • Empathy vs agreement: staff can acknowledge a person's concern without agreeing with it.

  • Psychological safety vs comfort: good process creates safety, but safety is not the absence of difficulty.


If your problem is a leader avoiding a clear management decision, mediation training will not fix it. Coaching might. If a team lacks a shared structure for emotionally charged contacts, early-resolution and communication training probably will. A capable provider will tell you this during scoping, even when it narrows their own work. That candour is a capability signal in itself.


3. What the RFQ scope should contain


A useful RFQ scope is short and specific. Include:


  • Background and the problem statement, in plain language.

  • The legislative or policy context staff work within.

  • Cohort size, roles and experience levels, and whether one group or several.

  • Desired capability outcomes, described as what staff should be able to do.

  • Preferred delivery format, location and indicative timing.

  • Follow-up or embedding expectations after the main program.

  • Confidentiality and information-handling requirements.

  • Evaluation criteria and how they will be applied.

  • Contract management, reporting and any budget envelope you can share.


If you can share a budget envelope, do so. It lets providers propose a realistic design rather than guess. If you cannot, say what is flexible and what is fixed.


In this short video I explain why AI use is making complaints handling and dispute resolution harder for teams.


Want your team to resolve more complaints at first contact?


Many complaints escalate because of how the first few contacts were handled, not because of the original issue. My recorded course, Early Resolution Skills for Complaints and Case Management, builds the listening, clarifying and process skills that resolve concerns early and fairly. It is $180 (including GST), with a course guide and six months of access.



Which evaluation criteria predict good outcomes?


Four criteria predict outcomes better than price: sector fit, tailoring, practitioner-led delivery and evidence of results. A low day rate tells you what an hour of someone's time costs. It does not tell you whether your staff will use the training in their next difficult conversation.


Set your criteria before responses arrive and record them. That protects the process and gives you a clear audit trail.


Sector fit

  • What to look for: Understanding of statutory, regulatory or complaints settings

  • Evidence to request: Description of comparable work, referee contact


Tailoring

  • What to look for: Content built on your cases and legislation, not a template

  • Evidence to request: Draft outline showing how your context shapes sessions


Practitioner-led delivery

  • What to look for: The accredited lead delivers, not a junior or subcontractor

  • Evidence to request: Named facilitators and their credentials


Evidence of results

  • What to look for: Observable change after delivery

  • Evidence to request: Participant feedback, referee comments, follow-up approach


Confidentiality and risk

  • What to look for: Clear handling of sensitive material

  • Evidence to request: Confidentiality approach, relevant insurances and registrations on request


Value for money

  • What to look for: Whole-of-program cost against scope delivered

  • Evidence to request: Itemised proposal showing what is included


Treat reviews and client numbers as supporting evidence, not proof. Shiv Martin Consulting has 40+ five-star Google reviews, which is the provider's own reported figure. It is a useful signal about client experience, but a referee conversation about a comparable engagement tells you more. Ask every provider for the same type of evidence so the comparison is fair.


One more point on results. Ask providers how they define them. For an ombudsman office, a good result might be that complaints teams share language and structure for their hardest conversations. I delivered in-house communication and early-resolution training for an ombudsman office built on the office's real case patterns.


The teams gained shared language and structure, and staff did not leave the building. That is the kind of specific, observable outcome to ask for, rather than a general promise of better communication.


Why does tailored pricing follow a conversation?


Tailored pricing follows a conversation because the price depends on variables that only emerge in discussion: your statutory context, cohort, number of days, degree of customisation and follow-up. Published rates would either hide that variation or mislead. A confidential conversation lets both sides test the scope before money is committed.


There is an upside for you. A scoping conversation is free intelligence for your business case. Use it deliberately.


How to use the conversation


  • Bring your draft problem statement. A good provider will test it and may reframe it.

  • Ask what drives the price. Days, design effort, cohort splits, travel and follow-up all matter. Understanding the drivers lets you adjust scope to fit budget without losing the core.

  • Ask for options. A good provider can describe a smaller, a standard and a fuller version of the program, with clear trade-offs.

  • Ask what they would not recommend. If a provider suggests coaching or facilitation instead of training for part of your problem, that is useful and honest advice.

  • Request the capability information. Ask for the accreditation, experience, confidentiality and compliance details your procurement team needs.

  • Ask about embedding. Training that ends on the last day rarely changes habits. Follow-up is part of the design.


The notes from this conversation become the backbone of your business case. You can show that scope was informed by an expert view, that options were considered, and that the recommended approach fits the problem. That is a stronger submission than a table of day rates.


If you want to see what such a conversation involves, Shiv Martin Consulting runs a confidential consultation where capability information is provided and scope is tested against your context.


What should be on a pre-procurement checklist?


A pre-procurement checklist should confirm that the problem is defined, the process fit is tested, the scope is written, the evaluation criteria are fixed and the capability information is requested. Adapt the list below to your agency's policy and approvals.


Two colleagues in a one-to-one meeting at a white table, one taking notes

Problem and process fit


  • Have we written a one-page problem statement?

  • Have we tested whether the need is mediation, coaching, facilitation, investigation or a management decision?

  • Have we identified who is affected and what has already been tried?


Scope


  • Is the cohort defined by number, role and experience?

  • Are the capability outcomes described as observable behaviour?

  • Have we specified format, location, timing and follow-up?

  • Have we stated any budget envelope or flexibility?


Capability information to request


  • Current accreditations and professional standing of the lead practitioner.

  • Comparable sector experience and a referee.

  • Who will deliver, and the depth of the supporting panel.

  • Delivery formats available.

  • Confidentiality and information-handling approach.

  • Insurance, registrations or panel arrangements your policy requires, each confirmed in writing.


Evaluation and governance


  • Are criteria and their relative importance agreed before responses arrive?

  • Is there a record of how value for money was assessed?

  • Have we confirmed the approach-to-market requirements with our procurement team?

  • Is there a plan to measure change after delivery?


For Commonwealth entities, AusTender is the central source for publishing approaches to market and contract notices where required. State and territory agencies will have their own equivalents. Your procurement team will confirm which applies.


Why delay in procuring capability is its own risk


Most procurement advice treats time as neutral. I do not. In my experience, the gap between recognising a need and acting on it is where a manageable issue becomes a harder one. Delay is not the same as care. Clarity is kind.


Consider a complaints team that has been struggling with emotionally charged contacts for a year. Leadership agrees training is needed, but the scope keeps being refined and the approach to market is postponed while everyone waits for the perfect specification.


Meanwhile, staff are watching. They interpret the silence as a message that the difficulty is not being taken seriously. By the time the program arrives, the team is responding to the wait as much as to the original problem.


This is the same pattern I see in workplace conflict generally. Most conflict does not begin with a dramatic event. It begins with a small issue that everyone decides to manage around. People end up responding to the silence, the delay and the perceived unfairness as much as the original concern. Procurement can reproduce that pattern at an organisational level.


The answer is not to rush. It is to move in a structure. A short, honest problem statement, a scoping conversation and a clear set of criteria can be done quickly and still hold up to scrutiny. That is the right conversation, at the right time, in the right structure, applied to buying.


The subject matter is also moving. I built a dedicated Navigating AI in Complaints and Dispute Resolution program covering fairness, evidence integrity and workload realities, and it now runs both as public sessions and as tailored in-house delivery for regulators and complaints teams. If AI-generated complaints are part of your problem, put that in the scope early, because it changes the content a provider needs to bring.


If you are preparing an approach to market, book a confidential conversation with Shiv Martin Consulting. You can request capability information tailored to your agency and scope an in-house training program before you commit to a formal RFQ.


FAQs


Request accreditations of the lead practitioner (such as national mediator accreditation, legal practising status and trainer certification), comparable sector experience, who will deliver, delivery formats, confidentiality handling, and any insurance, registrations or panel arrangements your policy requires. Ask for each in writing and verify it before relying on it.

Start with a one-page problem statement, then define the cohort, the legislative context, the capability outcomes, the delivery format, the follow-up and the evaluation criteria. Share a budget envelope if you can. Invite providers to propose a design rather than quote on a named course.

In-house programs are tailored to a specific agency, so cost depends on cohort size, days, customisation and follow-up. A published rate would either ignore that variation or misrepresent it. A confidential scoping conversation lets both sides agree a realistic scope before pricing.

Set evaluation criteria before responses arrive and ask every provider for the same evidence. Compare sector fit, tailoring, who delivers, evidence of results, confidentiality handling and whole-of-program value for money. Avoid comparing day rates alone, because the scopes behind them often differ.

No. Not every matter needs the same process. Some need coaching, facilitation, investigation or a clearer management decision. Test the process fit during scoping so that you buy the capability that matches the problem rather than the most familiar tool.


References




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About the Author

Hi, I'm Shiv Martin. 

Hi, I'm Shiv Martin. I'm a nationally accredited mediator, lawyer, conciliator, and conflict management specialist with over a decade of experience working across government, business, and community settings. Alongside my panel of experts I support leaders and teams to navigate complex and emotionally charged situations through mediation and conciliation, training and facilitation, and practical advice on policies and processes.

My approach is grounded in law, psychology, and real-world dispute resolution, with a strong focus on clarity, fairness, and workable outcomes. I'd love to stay connected here or on
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Each month, I host a free live session for people who work in the middle of conflict and complaints, from HR and workplace leaders to government and regulatory complaints teams. These sessions are practical, down to earth, and grounded in real practice. Join a community of practitioners and leaders.

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