Mediation Training: Consumer Guide Mediation Training: Consumer Guide   What You Need to Know to Select a Trainer What Should Consumers Ask? Ensuring Mediator Competence About Mediation Models Thanks To... Choosing Mediation Training for: Interpersonal disagreements Neighborhood conflicts Small claimstype cases Criminal misdemeanor complaints What You Need to Know to Select a Trainer: Ensuring that consumers receive quality dispute resolution training is very important to us. Some states have developed their own standards, certification processes, or credentials to try to guarantee the quality of services delivered by dispute resolution providers and trainers. Our concern is that standards, certification and credentialing often lead to the exclusion of individuals and organizations that are capable of offering quality services. We continue to believe that educating consumers is one of the most efficient and effective ways to ensure quality training that meets their needs. In this guide we are emphasizing some Points to Consider, and the questions to ask when you are evaluating training and trainers. If you have any questions relating to terms and definitions please check our Resource page on this Web site. You'll also find a brief explanation of the mediation process. The intent is to prepare the consumer for a dialogue with potential trainers regarding their specific needs. That also helps the trainer to understand the consumers requirements and expectations. In our business, when both parties reach their goals, we call that a win/win resolution. WHAT SHOULD CONSUMERS ASK? If you're considering hiring an organization or individual trainer to provide mediation training, we assume you have already identified the goals and objectives of your program, and are beginning to make some of preliminary policy decisions. Begin your interview process with a meeting (or initial telephone interview) with the trainer(s) at which time you can discuss the following points: Understand their philosophy How did they develop their training? What mediation model do they use? What knowledge, skills, tools, and techniques do they think are important for a mediator to possess? What do they consider a successful training and why? What results can the consumer expect? (i.e. will the trainee have an introduction to concepts?, ability to apply skills?, be ready to mediate?, be ready to comediate?) Match their specialty to your need The art of mediation is being introduced in vastly different arenas today. There are training providers that have specialized in the education area, teaching children how to resolve disputes in peer mediation. Within the court context, mediation is being used in Small Claims Court, Juvenile Court, and often to determine child custody and visitation issues in pre and post divorce disputes. In communities mediation is being used to resolve neighborhood disputes. Make sure trainers have experience mediating the kinds of disputes for which they are providing you training. Don't be reluctant to ask for the name and telephone number of individuals who have received training from them. Discuss the training design What is the student to faculty ratio in their training? How is the training time divided between presentation, discussion, application? What is included on listening skills, emotional components, handling difficult people? Will they provide you with their program agenda, a bibliography, role plays used, and a summary of materials used in the training? What other materials do they provide? What level of skills do you want trainees to have when they complete the training? Do they provide materials and/or assistance (e.g. teaching a self evaluation process) to track the effectiveness of the mediators once they are trained? Trainers' experience and expertise In what ways do the trainers keep current in their profession? What percentage of the trainers' time is spent on mediation training? How often does the organization train mediators? What training have the trainers had? Is the trainer asking you lots of good questions about your needs? Is the trainer able to clearly answer your questions? Is the trainer(s) someone you can work with? How is the chemistry between you and the trainer, the demeanor and communication style of the trainer(s)? What is the racial, ethnic, gender diversity of the trainers? Ethics and Mediation Mediators have significant ethical responsibilities and duties. To what extent is the topic of ethics incorporated into the training program? Determine if the training includes discussion of mediator neutrality and impartiality, conflict of interest, confidentiality, as well as discussion of issues such as fairness of settlement and referrals to more appropriate services (e.g. counseling). Discuss costs What does the fee include? (for example: trainers' time, travel, facility, followup, mentoring, materials?) Negotiate for the best result Be cautious of trainers who offer to develop quality mediators in less than 10 hours, who confuse mediation and arbitration, and who appear inflexible in meeting your specific needs. Developing quality mediators takes time to learn and understand the process, and to practice skills. The majority of experienced mediation trainers in Ohio believe a minimum of 16 hours is required for an understanding of basic mediation skills. Some programs provide additional development opportunities to better prepare individuals for mediation. These may include observation, apprenticeships, mentorships, followup and advanced training. ENSURING MEDIATOR COMPETENCE The topic of how to ensure mediation is competently practiced is a hotly debated issue. Some believe that measures are needed to assure quality practice and to be able to impose sanctions for bad performance. Some think that if the practice of mediation is to achieve stature, its practitioners need to be credentialed in some way. Others feel that any movement toward credentialing may keep otherwise competent people from being able to practice. Most people acknowledge that in a field as young as mediation, there is much yet to be learned about what constitutes competent practice. Individual practitioners, program administrators, and professional organizations are all struggling with the same questions about how to ensure competent practice. There are a number of approaches to insuring competence. They include some combination of screening, training, supervision, comediation, and assessment of performance. Most people agree that ensuring competence is a shared responsibility of program directors, trainers, practitioners, parties, and policy makers. Some states, professional organizations, and mediation programs have developed certification requirements for mediators. Others use more informal means to determine who can and cannot mediate within their area. Currently there is no certification, registration, or mandatory practitioner requirements to be a mediator in the state of Ohio. The only exception involves mediator qualifications and certifications for training for mediators working for or accepting referrals from domestic relations or juvenile courts. Local rules that govern the program in each county must comply with Ohio Rule of Superintendance for Courts of Common Pleas, Rule 81. Therefore, you should be skeptical of any reference to certification in promotional materials or in interviewing trainers. While a training provider may give a certificate of completion of training to participants, completion of a training alone is not a guarantee of competence. The Commission on Dispute Resolution and Conflict Management and the Supreme Court of Ohio believe that an approach in which program directors, trainers, practitioners, parties and policy makers share responsibility for ensuring mediator competence lessens the need for formal certification or other mandatory requirements. ABOUT MEDIATION MODELS Mediation provides people in conflict with a structured process for resolving their problems. Mediation may be practiced in a number of different acceptable methods, just as there are quite different, and equally effective negotiation styles. Although there are various models, in Ohio two models serve as the basis for most mediation programs established to resolve conflicts such as neighborhood disputes, minor criminal complaints, and small claims disputes. Although the models have similar elements, they also have differences. The process may be preceded by some form of intake function, at which time court or community center staff personnel make initial contact with one or all disputants for varied reasons, such as confirming dates, explaining the process or encouraging participation. Some mediators may choose to have their initial meeting with the disputants in separate sessions; others may meet with the parties together for the initial session. Some programs used a single mediator to conduct the mediation, others use comediators. In both, the process resembles the following: Introduction The process starts when the parties enter the room. During the introduction the mediator(s) identifies the parties, defines mediation, and establishes the ground rules. Sharing Perspectives Each party is asked to explain their perception of the problem, and the mediator(s) summarizes. Understanding the problem The mediator(s) identifies the issues that the disputing parties have in common and those in conflict in order to clarify the issues that need to be mediated. There are two approaches to this phase of the process. The mediator(s) ask the parties to talk to each other to express their feelings. Each party is asked to summarize the information given and the feelings expressed by the other party, or The parties are asked if they agree with the mediator's identification of the issues. Search for Solutions Parties are asked to come up with suggestions to resolve the dispute. One approach for this phase is for the mediator(s) to guide the parties in a brainstorm session in which all possible solutions are suggested (the mediator does not offer suggestions). Another approach is for the mediator(s) to have the first party offer suggestions, and then ask the second party if it is acceptable and continue this pattern until agreement or impasse is reached. Note: At anytime during the mediation process, the mediator may ask to meet with each party separately to explore options and break impasses. Decide on Appropriate Alternatives In this phase the mediator assists the parties in evaluating the proposed solutions to see if they are workable and ensure that specifics of solutions are clarified. The parties mutually agree on which alternatives will resolve the dispute, or decide that an agreement to resolve the conflict cannot be reached. Closure The mediator concludes the session with a final restatement and clarification of the terms of the resolution agreement. Sometimes this agreement will be written, but may be verbal. If the parties did not reach an agreement, the mediator(s) role is complete at this time. Thanks To... The concept for this publication was the result of a group of individuals who met several times over the course of a year to discuss, debate and collaborate on the many facets of what constitutes quality mediation training. The following professionals contributed their time and ideas. Their comments were used collectively to compile the guide. Barbara Bloomfield-Toledo Municipal Ct. Dan DeStephen-Wright State Univ., Dayton Scot Dewhirst-Capital Univ. Center for Dispute Resolution, Columbus Anderson Dudley-Springfield Mediation Service Martha Fruth-Plowshares, Glenford Kathy Goodbar-Human Relations Council, Dayton Rubén Herrera-A World of Difference, Columbus Dan Joyce-Cleveland Mediation Center Cathleen Kreiner-Private Complaint Mediation, Cincinnati Marianne MacQueen-Village Mediation Program, Yellow Springs Jennifer Maxwell-Kent State Univ. Center for Applied Conflict Management Kinshasha Nia-Azariah Center for Peace Education, Cincinnati Julie Secrest-Delaware Mediation Center John Stroefer-Franklin Co. Municipal Court, Small Claims Shelley Whalen-Community Mediation Service, Columbus Terry Wheeler-Ohio Commision on Dispute Resolution & Conflict Management C. Eileen Pruett-The Supreme Court of Ohio Facilitation provided by Carl Moore and Lee Moore. Everyone's contribution is appreciated.
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