We have been training Commercial Mediators in the UK and overseas since 1994 and under the MATA badge since 2001.
Over that time the competencies that make up an effective mediator have evolved. What follows is the criteria by which we assess and accredit mediators to what we consider to be the very highest standard. Highest because we not only assess twice using different assessors (who are independent of the course trainers) but also because they are the only accreditation that has a mandatory competence (one of three competencies).
The three key criteria have details of what the assessors seek under each category.
Key information provided in the Assessment Criteria:
Generally
The Mediator Accreditation Assessment Form is to help the assessors decide if a candidate mediator is competent, using objective and recognised criteria and giving equal opportunity to each candidate.
It is accepted that:
Not all the skills and processes will be demonstrated during assessment. This is not an exercise in getting as much as possible into the allotted time; rather that the candidate demonstrates effectiveness at the time of the assessment in whatever situation is presented.
Not all mediations are the same and what might be appropriate in one might not be so in another. Similarly, mediator styles will be different and the criteria are intended to measure effectiveness (and appropriateness) rather than style.
Conduct of Assessment:
Assessors must use the following grading for each category of skill assessment:
☛ Competent
☛ Not yet competent
‘Competent’ means that the candidate: “Must be able to demonstrate a knowledge and understanding of the skills and processes of commercial mediation and an ability to use them effectively.”
Competency Categories of Assessment:
➊ People Skills
The relationship between the mediator and the participants in the mediation. Building a trusting relationship is essential for an effective mediator. Being competent in this category is mandatory in both role plays.
The Mediator:
✓ has appropriate appearance and manner
✓ shows appropriate non-verbal communication
✓ is alert to the reactions of others
✓ is conscious of his/her own values and preferences
✓ discretely demonstrates presence/authority
✓ uses appropriate expressions and voice tone and pace.
The Mediator builds rapport by:
✓ showing respect to everyone
✓ valuing all contributions
✓ maintaining eye contact and taking few notes
✓ demonstrating active listening
✓ matching language (picking up key words/jargon)
✓ effective use of silence
✓ checking understanding (by the mediator and the parties of each other)
✓ being alert to emotional needs
✓ showing empathy
The Mediator creates a safe environment:
✓ where people can talk frankly
✓ where people can be open and vulnerable
✓ where people can express emotion
The Mediator appropriately:
✓ uses humour
✓ demonstrates friendliness
✓ addresses parties by first names
✓ shows optimism and energy, particularly when others are wearied
✓ is tenacious, particularly when others are failing
➋ Process Skills
The Mediator’s ability to use the skills and techniques emphasised on the training course. Competency in using a variety of appropriate skills to establish parties’ needs and help them towards settlement.
The Mediator demonstrates/encourages understanding by:
✓ appropriate summarising
✓ reframing, especially negative to positive language
✓ stressing confidentiality (and keeping it)
✓ acknowledging feelings and comments
✓ encouraging parties to ‘step into other’s shoes’
✓ maintaining optimism and momentum
The Mediator uses appropriate questioning skills:
✓ by being interested rather that inquisitorial
✓ using appropriate questions:
☑ open questions to gather information in the early stages of mediation
☑ closed questions to check understanding
☑ hypothetical questions to test solutions
☑ challenging questions to test reality
✓ avoiding multiple and leading questions
✓ including silence
The Mediator tests parties’ positions by:
✓ effective reality testing
✓ assisting risk assessment
✓ challenging assumptions
✓ anticipating consequences
✓ keeping parties responsible for the problem and the solution
The Mediator demonstrates competence in negotiation by:
✓ the strategic use of information
✓ coaching parties to use offers/information to best effect
✓ exploring options creatively, particularly non-financial possibilities
✓ manoeuvring parties into the settlement zone
✓ avoiding deadlock
✓ helping parties save face
✓ avoiding shuttling offers
✓ helping parties bridge gaps
➌ Management of the mediation
The firm and tactical use of the process and skills. Creating an environment to give the parties the best opportunity of achieving a settlement.
The Mediator sets an appropriate tome:
✓ by explaining the Mediator’s role
✓ through the introduction covering: confidentiality; authority to settle; no imposed settlement; not binding until writing; voluntary process; mediator’s neutrality; without prejudice
✓ dealing with interruptions
✓ managing emotion
✓ challenging inappropriate behaviour
✓ in an optimistic atmosphere
✓ settling ground rules: respect; open to settlement;no violence (word or physical)
The Mediator is a facilitator, not a dictator, by:
✓ encouraging communication between the parties
✓ identifying the key issues and prioritises if appropriate
✓ ensuring even-handedness, particularly when there is an imbalance of power
✓ helping parties move from the past to future
✓ emphasising voluntary process
✓ being flexible with the style of meetings
✓ enabling parties to construct their own solution
✓ never giving advice
The Mediator is a ‘safe pair of hands’, by:
✓ creating confidence in the parties
✓ showing patience and consideration
✓ showing wisdom in decision-making
✓ being even-handed
✓ involving everyone
✓ maintaining focus and momentum
The Mediator manages the process efficiently by:
✓ keeping parties informed of developments
✓ managing time
✓ setting tasks to occupy the idle
✓ using the physical space to maximum effect
✓ taking breaks
✓ using visual aids
Pass: To pass, candidates must be competent in People Skills in both role plays and in Process Skills and Management Skills at least once in either of their role plays.
Fail: If a candidate fails the assessment, they will need to undertake further training, at their own expense, before attempting assessment again.
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