Mediation Training Guidelines California Dispute Resolution Council

The California Dispute Resolution Council’s provisional Mediation Training Guidelines are intended to set out some basic realities in the field of mediation training and to further stimulate debate around a set of principles to guide the development of training programs in mediation.

Mediation has become an accepted and in some cases preferred method of dispute resolution for many cases in courts, neighborhoods and in commercial contracts. As the profession has come of age, so has the need to standardize some basic practices so that the public consumer is protected. Consumers need some assurance that the mediators who work with them have been trained and have reached at least minimum standards of competency. Mediator-practitioners also need protection from unwarranted complaints by uninformed parties. And who better to define those standards than practitioners? The referenced document is intended to be the foundation on which those standards will be acknowledged and implemented through training guidelines.

Please take a moment to review the provisional guidelines and provide comments to CDRC by October 5, 2007. Comments can be submitted to CDRC by clicking on the following link to our “Comments” page: http://www.cdrc.net/pg35.cfm

WE NEED YOUR INPUT. PLEASE SHARE YOUR THOUGHTS WITH US. The provisional guidelines will be voted on for final adoption at the CDRC board meeting scheduled for October 20, 2007.

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CALIFORNIA DISPUTE RESOLUTION COUNCIL

PROVISIONAL MEDIATION TRAINING GUIDELINES

I.       Training Content

While the length of the training will determine, to some degree, the emphasis on particular topics, the curriculum should reflect the most current thinking and best practices in the field. The following should be included in a basic mediation skills curriculum.

A.     Mediation Theory

1.      Continuum of mediation approaches

2.      Academic theory behind whatever approach being taught (e.g. transformative, evaluative, narrative etc.)

3.      Brief history of development of mediation as practiced in the state or locale—obviously when time is limited, skill building is the most critical element of a training; yet a context for the place of mediation in our society often gives relevance to the need for skills.

4.      Principles of mediation

5.      ADR and the difference between negotiation, mediation, arbitration, litigation and hybrid processes (e.g. med-arb or arb-med).

B.      Conflict Theory

1.      Nature of conflict

2.      Stages of escalation

3.      Methods of resolving conflict

C.     Mediation Practice and Techniques

1.      Overview of approach being taught as it fits into the spectrum of acceptable mediation models

2.      Stages of parts of the process

3.      The use of caucus

4.      Mediator Role and Ethics

a)     Ethical standards recommended by industry

b)     Neutrality

c)     Confidentiality

d)     Mediator as process guide

e)     Impartiality and bias issues

f)       Avoiding conflict of interest

g)     Self-determination of the clients

h)     Professional obligations (e.g. a mediator, who is also a professional therapist, may have reporting requirements that seem to conflict with principles of confidentiality)

5.      The concept of “Balance” in the process - parties have equal or at least adequate opportunities for input, speaking, making proposals, and negotiating. They are empowered to participate to the best of their ability. The mediator’s responsibility is to safeguard the process to allow this dialogue in a fair and equitable manner.

6.      Remaining non-judgmental

a)     Establishing rapport and setting a cooperative climate for settlement

b)     Identifying areas of consensus and agreement

c)     Managing attorneys and other experts in the mediation

D.     Communication Skills (practices and exercises)

1.      Listening

2.      Paraphrasing

3.      Acknowledging

4.      Translating/reframing

5.      Summarizing

6.      Clarifying

7.      Asking appropriate questions

8.      Noting/addressing non-verbal communication

9.      Writing workable agreements

II.     Procedural Considerations

A.     Written materials and role play - A mediation training course should have substantial printed materials that cover, at a minimum, the theory and explanation of the topics above. They should also include an appendix listing other resources for trainees to investigate in order to supplement their training, such as organizations (local, state and national) and events. In addition, it is important to allow sufficient time to practice communication skills through role-play scenarios or simulations. Part of each day of training should include a practicum and debriefing.

B.      Multi-day training sessions should be conducted, to the extent feasible, on consecutive days, or close enough in time to maximize the learning experience from one session to the next. In the case of courses provided in a formal academic setting, such as at a university, college or vocational institution, training sessions should be designed to be completed within one quarter, semester, or other grading unit of time.

C.     Trainers should, to the extent appropriate and feasible, for the particular course being offered, bring in other professionals to work with trainees, for example, as coaches for role-plays, or to lecture on a specific topic, such as marketing, or ethics, or a particular conflict resolution theory, and the like.

D.     Training programs should strive to maintain lower, as opposed to higher, student-teacher rations, as the opportunity for interpersonal interaction is integral to good mediation training.

III. Qualifications for Trainers

While academic degrees can be indications of accomplishment and competence, no particular academic degree should be required in order for a person to provide services as a mediator trainer.

Trainers should be experienced mediators themselves, and ideally should have participated in and completed a mediation training of similar substance and length as the course they are teaching.

IV. Other Considerations

A.     Documentation

Trainees who have attended training should receive a certificate of completion at the end of the training program.

B.      Record Keeping

Organizations providing the training should keep a list of participants and dates of training.

Evaluations of the course by participants are often valuable for trainers in self-assessment. If one is part of the course, these evaluations should also be available to potential trainees.

C.     Advertising

Articles, fliers, electronic communications, or other means of advertising should be truthful about the course content and honest about the potential for using the skills gained in the course after it is completed.

Revised 5/23/07