Standards
and Competencies of an Effective Mediator
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.