Competency Standards for Mediators

1. Competency Standards for Mediators Wolf von Kumberg European Legal Director Assistant General Counsel Northrop Grumman Corporation

2. What makes a mediator? What makes a mediator? (in most jurisdictions) A business card A website A market In short anyone can call themselves a mediator

3. The current problem for users Mediators have : No universal standards or rules by which to gauge mediator competency No required testing No professional body No disciplinary process No transparent feedback process

4. So how do you objectively select the right mediator for your dispute? • Who do you go to if there is an issue with the mediator selected? • How do you pass on your experience to other users?

5. Why this problem existsCurrent market conditions: • No single organisation focused on mediation has a global reach • Most mediation provider organisations are competitors in a highly competitive market with little incentive to co-operate with each other to create global standards • Many ADR organisations with a global reach are arbitration focused and in part have conflicting interests with mediation providers. • Many ADR organisations and mediation providers have insufficient funding or interest to launch an international standards initiative • Mediation practice itself is fragmented among many disciplines and standards nationally and locally • As one leading mediator has expressed it “standards are needed and mediators should be active in formulating them but to date have been unsuccessful in doing so”

6. What the user requires Trust in the mediator selected which means: Objective criteria upon which to base selection Transparency as to selection process if an institutional provider is used Competency must be objectively measured Ethics Standards or Code of Conduct Credibility in the mediation process must be assured How achieved Transparent training standards Ongoing education requirements Recognised code of conduct Disciplinary process must be available Global recognition system to identify qualified mediators Objective selection criteria used by institutional providers Objective feedback from users as to mediator process performance

7. Why standards? Benefits • Enables users to be more confident about a mediator’s competence • Enhances the professional status of mediators • Encourages greater use of mediation • Will lead to a recognised profession of mediation • Assists mediators to differentiate themselves and demonstrate their competency Next step • Recognition by mediators, institutional providers and users that standards are needed but that currently no framework exists for these to be created within • If not driven from within the community it will be driven by Government which will lead to highly bureaucratic standards which will satisfy no one.

8. What is IMI IMI is user driven • Objective is to enable users to be more confident about a mediator’s competence • By emphasising user’s needs, providers and mediators are assisted in understanding users requirements. • A channel of communication between users, mediators and providers is established through IMI

9. How will IMI work • Support • It is user driven • It will succeed only if users see a benefit • Mediators will pay little to support IMI • Providers support by way of training, mentoring and feedback digests (b) Standards and Competency Certificates • Mediators need training to minimum defined standard • IMI has drafted standards which it has posted on its website and has requested feedback from users, providers and mediators • These draft standards will once finalised form the basis for training by providers world wide • These are minimum standards which can be added to by providers to meet local conditions and disciplinary diversity, to ensure the continued flexibility of mediation

10. How will IMI work • The standards do not enforce any particular method of mediation rather ensure that the basic concepts of mediation are taught • Provides training in accordance with the standards will be permitted to provide the IMI certified mediator qualification which will provide users with a global assurance of minimal competency • Business using certified mediators will themselves be demonstrating commitment to the process and quality assurance (c) Code of Conduct • IMI will provide a basic code of conduct to be adopted, by providers and if desired regulators • This code such as AAA, ABR, ACR comparable to those already initiated by the EU and reputable providers but fills a gap where the code exists in certain parts of the world • The code will provide a basis for a disciplinary process against mediators that do not meet acceptable standards of practice • There is a real role here for the provider community

11. How will IMI work (d) Feedback • This is possibly the most controversial element of the steps proposed by IMI but the most sought after by users • Actual user feedback will be used in mediator digests assembled by independent parties using guidelines established by IMI • Each certified mediator would have a regularly updated digest of user feedback accessible to all users via IMI’s website • Negative feedback will only be included in a digest if repeated more than 3 times by parties to different mediations • Accumulated feedback, summarised into a digest by objective third parties (such as provider organisations) builds up a fair indicator of a mediator’s competency • Both users and mediators are served by feedback. A fair indicator of a mediator’s competency is provided to users. Competent mediators are provided with a credible marketing tool of their competency available to a large worldwide number of users • Focus on process issues rather than on results

12. IMI is the best attempt to date to create a win win outcome for users, mediators and providers After all is that not the object that mediation itself attempts to achieve