The International Mediation Institute (IMI) has convened an Independent Standards Commission to determine the standards, criteria and guidelines which together will make up the IMI global mediator competency certification system.

IMI has posted for international comment first drafts of the standards which can be reviewed and downloaded from the IMI web site. These drafts combine into a competency system that IMI hopes will work internationally. IMI highly values the input of professionals in the field and has established a comment period of 6 weeks to 2 months. The Commission will then convene to review the details in the light of comments received.

If you wish to provide the IMI with your input, please visit IMI online.

Mediation has been struggling with an identity crisis for years now. It’s been confused with meditation. It’s often mistaken for arbitration. And more recently an Illinois governor characterized a state-funded gang mediation program as “pork” to be trimmed from an overbloated budget. Wrong, wrong, wrong.

In the grand scheme of things, these are harmless errors that should prod professional mediators to do a better job at marketing and packaging their services and educating the public about mediation’s advantages. Of far greater concern though to the field is the questionable use by a debt collection agency of the words “legal mediation” as part of the name of its business, reported today by Chris Annunziata at CKA Mediation & Arbitration Blog.

Chris observes, “As a libertarian, I am loathe to advocate governmental intervention, but shouldn’t the bar in these states regulate the use of the term ‘legal’ and ‘mediation’?”

While I agree with Chris that state bars should monitor the use of the word “legal” by businesses to describe their services, I am not sure that it’s any business of the bar to regulate the use of the word “mediation” — not when so many professional mediators are not attorneys and there is no requirement that mediators in private practice must also be members of the bar. Moreover, while it is true that a very few state courts do certify certain classes of mediators in court-connected programs, no U.S. state currently possesses the power to license mediators or to regulate the private practice of mediation.

This instance illustrates how urgent the need is for the mediation field here in the U.S. to move now to develop a formal system to qualify mediators and regulate the profession. The future of the field depends upon it; public confidence demands it. We can no longer argue that regulation will thwart innovation in a still developing field, that it is unnecessary or will be too costly, that it will discourage otherwise qualified individuals from entering the field, or that mediation itself resists definition.

We should act now, before others define mediation for us. It is, at last, time.

As a mediator and a trainer of mediators, a lot of announcements for mediation trainings cross my desk. Most recently one came my way that invited registration for a “certification training” for mediators. I’ve seen many like it over the years.

Most of them sadly have one thing in common: the “certification” that many of these trainings purport to provide is largely meaningless.

As public awareness of mediation’s benefits grows, so, too, does interest in mediation as a career. People naturally want to receive appropriate training and credentialing. Many of them believe that to enter the mediation field, they need to become certified as a mediator. As it turns out, that may or may not be right.

Confused? You’re in good company. And finding accurate information about mediator certification is a lot harder than it should be. I’ve therefore created this article in an effort to dispel some of the confusion.

1. How are mediators licensed?

At the time of this writing, mediation in the U.S. is an unlicensed profession. Unlike their counterparts in fields such as law, medicine, psychology, architecture, or social work, mediators in private practice are not licensed or regulated by states. In fact, anyone can hold themselves out as a mediator even if they have no training whatsoever.

There are reasons for the lack of licensing or state regulatory oversight. For one thing mediation as a field is relatively new and continues to define itself. Although forms of mediation and conflict resolution have existed for millennia, mediation as a professional service rose to prominence only in the latter half of the 20th century. Its widespread institutionalization in courts, schools, businesses, and governmental agencies, and its broad acceptance by the public are a fairly recent phenomenon.

In addition, credentialing remains a controversial subject among mediators. What makes credentialing a challenge is that mediators disagree among themselves as to what constitutes the practice of mediation. Different models of practice abound, and the differences among these models can be dramatic.

These models include facilitative mediation, an interest-based, problem-solving approach modeled upon the well known classic, Getting to Yes; evaluative mediation, in which the neutral provides an assessment of the strengths and weaknesses of a case and makes predictions regarding each party’s likely success at trial; and transformative mediation, which values the principles of empowerment and recognition–empowerment of parties to make their own decisions and the recognition by each party of the other’s point of view.

2. So does that mean mediation isn’t a true profession?

Absolutely not. Do not mistake the lack of professional licensing for a lack of professionalism. During the past several decades the mediation field has produced rigorously tested theories of practice, an impressive body of scholarship, and numerous laws and judicial decisions regarding mediators, mediation, and the protection of confidentiality of mediation communications.

Most importantly, practitioners, educators, scholars, researchers, and others have developed and refined widely accepted standards of best practices, crafted ethical rules for practitioners, and carefully developed guidelines for the training and education of mediators. Specializations have emerged within the field with corresponding practice standards for those specialty areas. And professional associations for mediators abound that promote best practices and actively work to advance the field.

3. If mediators aren’t licensed, then how can I qualify to be a mediator?

That depends upon the state you plan to live and practice in. In Massachusetts, to receive the benefit of the protection of a state law that protects the confidentiality of mediation communications, a mediator must have completed at least 30 hours of training and either have four years of professional experience as a mediator, be accountable to a dispute resolution organization which has been in existence for at least three years, or be appointed to mediate by a judicial or governmental body.

For mediators who serve in court-connected mediation programs, state courts may have their own qualification requirements.

For a list of the requirements for each of the 50 states, see “State Mediator Rosters and Qualifications” prepared by the Institute of Government, College of Professional Studies at the University of Arkansas at Little Rock.

4. Okay, so what is mediator certification then?

That depends. Let’s take a look at the different contexts in which mediator certification appears.

State and federal certification

Only a very few state courts or state bodies in the U.S. certify certain classes of mediators. These include The New Hampshire Marital Mediator Certification Board; the Supreme Court of Florida, which certifies four different categories of mediators–county court, family, circuit court, and dependency—each of which must meet specific minimum qualifications; South Carolina Board of Arbitrator and Mediator Certification, working in conjunction with the South Carolina Supreme Court’s Commission on Dispute Resolution; the Judicial Council of Virginia; and North Carolina Court System’s Dispute Resolution Commission which certifies family financial mediators.

In addition, at the federal level, the U.S. Department of the Navy certifies mediators who have met the necessary requirements.

Certification by professional associations for mediators

Some professional associations for mediators have established certification for certain classes of its members who have met qualifications specified by the association, which may include training, experience, and educational requirements. In this case certification is private and is not connected with any state authority or provided under state oversight.

Certification by private training companies

Some private training companies offer mediator certification training which will enable participants to meet the training requirements established by a particular state court or body for certification as a mediator. Such trainings will most likely be clearly identified as such.

However, some private training companies offer what they describe as “certification training” for mediators, which simply means that participants will receive a certificate of attendance upon completion of the training and not that the training will satisfy the certification requirements of a particular state court or agency. In my opinion–one which is widely shared by many respected trainers and educators in the ADR field–this practice can be misleading, whatever the intention of the trainers. For the layperson unfamiliar with the field, it creates a likelihood of confusion. In this case “certification training” can easily raise the expectation that the training confers formal accreditation or a professionally recognized credential, when in fact it does nothing of the kind.

If you plan to register for a mediation training which advertises itself as “certification training”, be sure to find out specifically what certification means in this case and what it will qualify you for.

Online mediator certification training

Online certification training for mediators warrants a special caveat. I have said this before and it is worth repeating: online mediation training which purports to prepare students for face-to-face mediation is not worth your time and money. As I said in an earlier post,

If you’re thinking about getting training in mediation, please be aware that great mediation training is highly experiential and interactive, reinforcing the notions of collaboration and teamwork. Acquisition of learning is achieved through interpersonal interaction–through class discussions, multi-party exercises, and role-playing. It’s a very much hands-on experience to get students in touch with the deeply interpersonal dynamics of mediation itself.

I would therefore caution you about mediation trainings offered as correspondence or distance learning courses which students complete online and at their own pace with no interaction with other students. A mediation correspondence course which affords no opportunity for face-to-face and group interaction with coaches and fellow students is simply no substitute for the real thing.

5. ConclusionAs you can see, mediation certification and credentialing is a complex topic. It pays for you to be thorough in doing your homework. For up-to-date information in your state on mediation training, certification, or mediator qualifications, please contact your local chapter of the Association for Conflict Resolution. To learn more about mediation training and careers, please explore the following posts:

“How to become a mediator: five frequently asked questions about training and careers in mediation.”

“Getting it straight: understanding mediator certification.”

“What to look for in a basic mediation training.”

Best of luck to you as you pursue a career in mediation.

According to the most recent edition (in PDF) of the Bond University Dispute Resolution Centre newsletter, Australia has taken a major step forward toward establishment of a national system of mediator accreditation as the result of the system’s endorsement by delegates at Australia’s National Mediation Conference in May 2006.

The system, which at this time features but one level of mediator accreditation and for general practice only, would ultimately result in a national register of accredited mediators. The system may be adapted later on to create accreditation for specializations within mediation practice, such as family, workplace, and personal injury, as well as advanced practitioner levels. Participation by mediators in this system would be voluntary and not compulsory.

Further information about Australia’s National Accreditation Standards for Mediators may be found at the National Mediation Conference web site. The final draft of the report to the Conference is available for downloading in Word format.

Unfortunately here in the U.S., momentum has stalled on the mediation certification project which the Association for Conflict Resolution undertook in conjunction with the American Bar Association Section of Dispute Resolution. The two groups worked together to establish a Mediator Certification Task Force which recommended the creation of a Mediator Certification Program, and in early 2005 a Mediator Certification Feasibility Study (PDF) was conducted to invite input from stakeholders.

The word on the street now is that the ACR has quietly decided to leave this project on hold and commit its resources elsewhere, leaving many mediators feeling frustrated and angry that a project launched with so much fanfare has now been placed on standby.

It’s disappointing that while Australia moves forward into the future with national accreditation for mediators, we continue to lag behind here. But in the meantime we can watch and learn from Australia’s experience as the mediation community down under prepares for the system’s official launch.

I receive phone calls and emails almost daily from people exploring careers in the mediation field.

Although I have written several articles in the past which have discussed the training necessary to prepare for a career in mediation, explained the significance of certification for our field, and also suggested steps to transition from training to career, I thought it would be helpful to develop a list of FAQ’s, together with my answers, which refines and brings all of this information together in a single article for those who want to succeed in building a career as a mediator.A couple of points before I start.

First, I recognize that other mediators may have different ideas and recommendations. Therefore, I welcome mediators to join the discussion and share with readers what’s worked for them in building a career. Comments are most definitely welcome, as they are for all the articles I publish here.

Secondly, the information I offer here concerns training and careers here in the U.S. only, since this is where I live and practice. I know very little about standards for mediation practice outside this country and consequently have no authority to describe them or provide information about them. Readers, if you’ve written an article about mediation training and careers, in say, England or New Zealand or Bulgaria or India or somewhere else in the world, please feel free to link to it in the comments section below.

Therefore, with no further ado, here are the 5 FAQ’s:

1. How can I get licensed or certified as a mediator?

To answer this question properly, I need to give you the big-picture perspective on a still-evolving profession.

Mediation is a field that has grown and evolved rapidly in recent years. As its influence and availability have increased, and as public awareness and acceptance of mediation services have spread, the mediation field has given rise to numerous models and theories of practice, a vast body of scholarship, together with ethical standards, laws, and well-established best practices to guide mediator conduct.

At the same time, this relatively new field continues to define itself. At the time I write this, no state in the U.S. has established a formal licensing or certification process for mediators. So, unlike other professions–medicine, law, education, social work, psychology, just to name a few–to date there exists no uniform regulatory scheme in the U.S. governing the private practice of mediation.

A few state courts, however, do certify mediators who receive referrals from or provide services to court-connected mediation programs. These mediators must fulfill certain standards, including the completion of a specified number of hours of mediation training, in order to qualify for certification.

Some professional associations for mediators also provide certification for certain classes of its members, but not in conjunction with or under the aegis of any state agency or body. In addition, some private training organizations offer what they describe as “certification training” which should not be confused with certification by a state court or other governmental body. Please be sure to ask what “certification” signifies and what it qualifies you for before registering for any training program.

For further information about certification, including some common misconceptions, please read “Getting it straight: understanding mediator certification“, an article published earlier here at Online Guide to Mediation.

2. What kind of training or education do I need to become a mediator?

Training.

First, please begin by reading the answer to Question 1, above, “How can I get licensed or certified as a mediator?”

A number of state courts have implemented qualifications standards, including training requirements, for mediators receiving referrals from courts or providing services in court-connected dispute resolution programs.

These standards vary widely from state to state. However, 40 hours of mediation training have emerged as a widely accepted standard nationwide.

For example, in Massachusetts, where I both live and work, a state law protecting the confidentiality of mediation specifies a minimum of 30 hours of training for mediators (Massachusetts General Laws Chapter 233, § 23C). The Massachusetts Supreme Judicial Court Guidelines for Implementation of Qualifications Standards for Neutrals , which spell out requirements for mediators in court-connected dispute resolution programs, require a minimum of 30 hours of mediation training, with 36 to 40 hours recommended.

For a list of the requirements for each of the 50 states, see “State Mediator Rosters and Qualifications” prepared by the Institute of Government, College of Professional Studies at the University of Arkansas at Little Rock. A number of state courts, incidentally, provide information online for people interested in becoming mediators. These include Virginia and Florida.

So, where do you find training? Training is available through private training organizations and community mediation programs, as well as through continuing education programs at colleges and universities. Visit the web site for professional associations for mediators, such as the Association for Conflict Resolution, to find a chapter in your area, which in turn will help you connect with chapter leaders who can assist you further.

Before you enroll in any mediation training program, please be aware that not all mediation training programs are worth your time or money. Since training is the first step toward a successful career in mediation, perform due diligence in selecting a training program. Please read my article, “What to look for in a basic mediation training“, as well as the excellent “Mediation Training Consumer Guide” from the Ohio Commission on Dispute Resolution & Conflict Management for tips on choosing a mediation training program and ideas on where to find training.

There are also basic and advanced trainings geared towards preparing mediators for work in specific practice areas such as family and divorce or workplace. These trainings not only cover mediation theory and skills but provide material and information necessary for understanding the issues and challenges unique to these practice specialties.

Finally, please visit this post I published in January on “Getting it straight: understanding mediator certification” and scroll down to the section captioned “One last caveat” for my two cents on online correspondence courses in mediation. (My advice? Don’t waste your money.)

Education.

There is also a growing movement aimed at encouraging those who are interested in becoming mediators to pursue education in the field. College, university and law degree or certificate programs in dispute resolution and mediation abound and provide a richer and more comprehensive immersion in mediation, negotiation and conflict resolution theory and practice than any 40-hour mediation training program can possibly provide. These include:

• Woodbury College Mediation and Conflict Management Master’s and Certificate Programs
• Pepperdine University Straus Institute for Dispute Resolution Academic Programs
• University of Massachusetts, Boston, Graduate Programs in Dispute Resolution
• Hamline University School of Law Dispute Resolution Institute
• University of Missouri-Columbia School of Law Master of Laws in Dispute Resolution

A list of additional programs in the U.S., Canada, and elsewhere around the world may be found here at the Peacemakers Trust web site.

I often recommend that people take a mediation training first, only because it represents a smaller financial investment than a higher education degree or certificate program, and it’s a good way to learn whether mediation is a good fit for you or not. Training is a low-risk way to assess your aptitude for conflict resolution. And the benefits are great, since mediation training provides skills easily transportable into any setting, professional or personal.

3. If mediation training is not required for private mediation practice, why should I bother to take a training?

Training gives you a number of advantages. First of all, a good mediation training will provide you with a theoretical framework to lend structure and context to your practice and promotes the development of core competencies. Mediation trainings introduce students to basic theories of conflict resolution and negotiation, skills and techniques for facilitating joint problem solving, and standards of practice and professional ethics–all of which form a necessary foundation for mediator effectiveness.

In addition, completing a mediation training or a degree program in conflict resolution is a step towards building professional credibility. Although we’re not there yet by any means, I can see the day when training will be required of even mediators in private practice; it makes sense now to get ahead of the curve.

Finally, training can lead to opportunities to mediate–real-world experience–since a number of organizations which provide training also oversee mediation programs or panels which students who successfully complete training may be eligible to join. And training will introduce you to your first professional network–both fellow students and the trainers.

4. Do I have to be a lawyer or have a law degree to become a mediator?

Although a small number of court-connected mediation programs permit only attorneys to serve as neutrals, the answer is a resounding no.

However, it is important to be aware that mediators who are not attorneys may be limited in the kinds of services they can perform for clients and need to be careful to avoid engaging in the unauthorized practice of law. (”Unauthorized practice of law” refers to the provision by a layperson of services an attorney uniquely provides. It can also refer to an attorney admitted in one jurisdiction providing legal services in a jurisdiction to which he or she has not been admitted.) In Connecticut, for example, a mediator who is not admitted to the Connecticut bar may assist a divorcing couple negotiate and reach decisions regarding parenting plans and the division of property and debt but is prohibited from drafting a separation agreement for them.

5. Once I complete my training, how do I get a job and get paid?

Be realistic. Although there are a seemingly infinite number of disputes, there are more and more mediators that you’ll be competing against. It takes time to build a successful mediation practice, and it won’t happen overnight. There are steps you can take to increase your chances of success, but there are no guarantees. Starting a mediation practice is like building any business. You need ambition, creativity, determination, talent, a business plan, a marketing strategy, and a certain measure of luck.

Practice, practice, practice. Taking a training or earning a degree is only a first step. You need experience in order to build a successful career. The best place to gain experience is by starting with the program that trained you. Find out from your trainers what opportunities are available and how to find them. Typically many mediators begin by volunteering their time in small claims or community mediation programs–all great learning laboratories for putting your training into practice. If possible, seek mentoring from more experienced practitioners and ask to observe them at work.

Keep your day job. Your current position counts in several ways. First of all, it’s a source of financial support, stability, and ready-made contacts. Begin by offering mediation to your clients or customers in addition to your existing services. It’s a way of testing the waters safely with relatively little risk. Second, the profession you’re in right now is a good source for referrals and an ideal place to begin networking. Third, you are more likely to succeed if you provide dispute resolution services in a field you know well, since prospective clients will view you as someone who understands their needs. Disputes abound in every field, whether health care, business, digital technology, environmental, education, labor, public sector, the law. Leverage your expertise to build a successful career.

Get connected. Join professional associations for mediators to get to know and make friends with other dispute resolution professionals. Other mediators are not only potential referral sources but your peers are invaluable resources to turn to as you wrestle with ethical dilemmas or other challenges in your practice. Not only should you join professional associations for mediators, but join associations for your profession of origin, your local chamber of commerce, or other civic, religious, political, or professional organization to cultivate and build your referral network. View every meeting, every introduction to someone new, as an opportunity to educate people about mediation and what mediation can do to help them solve their problems.

Keep learning. It’s called the practice of mediation for a reason–you never stop learning. Continuing education can increase your effectiveness and can open up new doors. It never hurts to get better at what you do.

Technorati tags: mediation, mediation training, mediator certification

The Association for Conflict Resolution (ACR) and the American Bar Association (ABA) Section of Dispute Resolution are conducting an electronic survey regarding a proposed national certification program for mediators. ACR sent out an email regarding this survey to its members, the full text of which is reproduced below. Please feel free to pass this along.

The Association for Conflict Resolution (ACR) and the American Bar Association (ABA) Section of Dispute Resolution are exploring the feasibility of a proposed new national certification program for mediators. Certification is the voluntary process by which a nongovernmental organization grants recognition to an individual who has demonstrated certain knowledge, skills and abilities. Certification would not be tied to the completion of a specific course of education or training. We would now like to solicit the views of members, friends, and colleagues to help guide our thinking. We have created a short electronic survey to gather information on the issues we face in creating a certification program. Completing the survey will take no more than 10 minutes of your time. All individual responses will be kept confidential and the results will be aggregated electronically and made available to those taking the survey. In addition to completing the survey, please pass this invitation on to others who you feel would be interested in providing input into a national certification program for mediators. Also feel free to post

this invitation on your webpage.

If you have any questions about the survey, please contact Mark Wilson from the Association for Conflict Resolution at mwilson@ACRnet.org, or Daniel Taggart from the ABA’s Section of Dispute Resolution Section at taggartd@staff.abanet.org.

To participate in the survey, please go to: http://www.zoomerang.com/survey.zgi?p=WEB2243RLWV8U9

Please complete the survey by February 14, 2005

Thank you,

David A. Hart, ACR Chief Executive Officer

Ellen M. Miller, Director of the ABA Section of Dispute Resolution

Association for Conflict Resolution