orange county mediation conference presentation by the ad hoc committee on voluntary mediator...

Voluntary Mediator

Certification Orange County Mediation Conference Presentation by the Ad

Hoc Committee on Voluntary Mediator CertificationMarch 20, 2015

ABA Task Force Report (2012)

What should an effective credentialing program include?

Clearly define the skills, knowledge and values which persons it credentials must possess.

Ensure that candidates have training adequate to instill those skills, knowledge and values.

Be administered by an organization distinct from the organization which trains the candidate.

Voluntary Mediator Certification Program

©2015, SCMA Ad Hoc Committee on Voluntary Mediator

Certification

©2015, SCMA Ad Hoc Committee on Voluntary Mediator Certification


What should an effective credentialing program include?

Have an assessment process capable of determining with consistency whether or not candidates possess the defined skills, knowledge and values.

Explain clearly to persons likely to rely on its credential what is being certified.

Provide an accessible, transparent system to register complaints against credentialed mediators. Promptly and fairly investigate complaints and, if appropriate, de-credential a mediator who fails to comply with standards.



What should a credentialing system not do?

Operate as mandatory licensing.

Bar non-lawyers from

becoming credentialed. Bar disputants from

selecting a non-credentialed mediator.



Certification

Consortium seeks to build certification on key concepts of greater education for mediators, establishing minimum qualification standards, and requiring mediators to adhere to an ethics code

◦ Raises the credibility of mediation in the public eyes

◦ Sets forth higher practice standards, adding testing and an ethics code, key components for public expectations and credibility

◦ As a VOLUNTARY program, it still allows for mediators who choose not to meet the standards to continue practicing as they have been

Voluntary Mediator Certification


Certification


Candidate applies, must meet Qualifications set by the standards on Education, Performance and Professional Activity

Candidate passes online proctored test

Candidate undergoes “live scan” process and background check meets standards regarding lack of criminal activity

Process for Certification

QualificationsMediator Certification Consortium of

California

Raise Public Confidence

Ensure Mediator Credibility

Ensure Consistency of Mediation

Honor Diversity of Mediator Backgrounds

Affordable to Mediators (less than $500 to become a certified mediator; annual fees less than $200).

Goals


Certification

Point System◦Fair and neutral

◦Doable; Relative ease of implementation

◦Credible: acceptable to the public

◦Familiar: similar to other certification programs

Qualifications


Certification

TOTAL POINTS REQUIRED 200

Educational Requirements 110 Performance Requirement 50 Professional Activity Requirements 40

Professional Activity Requirement is a continuing responsibility of a certified mediator, and must be met every 3 years to maintain certification

How point system works


Certification

80 Hours of Mediation Specific Training

Training must be from an acceptable provider At least 25 hours must be from one discrete program that covered the

basics in how to conduct mediation Training must include mediation role plays and ethics Credit against the 80 hours given for college or university study

◦ Why 80 Hours?---COMPARE lower and upper limits currently in effect

Current DRPA Standards are 25 Hours; Surveys of basic training nationwide revealed variances between 24-50 hours

Recent studies and research have called for additional training—see 2004 ACR Task Force finding of 100 hours for basic training

Those who would seek to create a formalized profession for mediation note that formalized professions have their own degrees with over a 1000 hours of study

EDUCATIONAL REQUIREMENTS


Certification

Indicates practical experience and skill completed within the last 5 years

Mediations

Mediation support and/or ancillary activities

Performance Requirement 50 Points


Certification

Indicates continued learning that enhances mediation practice and sustained professional activity…Examples

Continuing education activities Active Mediation Professional society membership and activities Teaching, publishing in the field Awards for professional activity

Candidates must meet these requirements by completing such tasks within the 5 years prior to initial certification; certified mediators will have to meet this requirement on a continuing basis every 3 years

Professional Activity and Continuing Professional Development

40 Points


Certification

ExaminationMediator Certification Consortium of

California

Why?◦ Provable learning outcomes◦ Ensures mediators have studied and retained

material that reflects at least minimum standards

Note and Compare◦ DRPA statute contemplates “personal

assessment and evaluation”◦ Formalized professions that enjoy similar

confidentiality privileges all have ethics codes and qualifying examinations

Examination


Certification


(1) The structure, design, practice, and theory of dispute resolution proceedings and services, including the varying roles, functions and responsibilities of neutral persons, and the distinction between binding and non-binding processes;

(2) Intake and convening skills, including agreements to mediate, and preparing parties and their counsel for mediation;

(3) Mediation theories and styles, including evaluative, facilitative and transformative models, assessing risks and advantages of models; matching models to contexts and parties;

(4) Communication skills and techniques, including developing opening statements, building trust, gathering facts, framing issues, taking notes, agenda setting, empowerment tactics, effective listening, framing, and clarification skills. Face-to-face as well as over-the-telephone communication skills shall be addressed;

Examination Scope


(5) Managing challenges in dealing with different cultures, gender differences, language barriers, and other unique situations;

(6) Problem identification and disagreement management skills, including instruction in the establishment of priorities and areas of agreement and disagreement; and

(7) Techniques for achieving agreement or settlement, including instruction in creating a climate conducive to resolution, identifying options, understanding BATNA, facilitating negotiations, methods for breaking impasse, reaching consensus, and working toward agreement and drafting of settlement agreements.

(8) Ethics shall include party self-determination and the necessity of the voluntary and consensual nature of a disputant's participation in any dispute resolution proceedings; mediation confidentiality; and ABA/ACR/AAA Model Standards of Conduct for Mediators.

Examination Scope

“Live Scan”Mediator Certification Consortium of

California


Thumb printing process designed to ensure candidates have non-felony background; organization will get continued updates on candidates after they are certified

Over 200 “live scan” operators throughout the state, so easy for candidates to access

Replicates process used by court panels and enhances public credibility for certified mediators

Live Scan


Organization will set protocols TBD

Current proposals are to deny certification for:

◦ Felony convictions

◦ And, perhaps: Disbarment from California State Bar membership, or removal from other statutorily regulated licensure, on the basis of malfeasance, i.e., not for becoming voluntarily inactive

Who might not be certified due to Live Scan?

Quality AssuranceMediator Certification Consortium of

California


Process conceived would be consistent with California’s mediation confidentiality statutes (Evidence Code, §§ 703.5 and 1115 et seq.)

Process similar to that already utilized in California Rules of Court

Investigation of referred complaints by the Complaint Committee (including notice to CM and opportunity to respond), and recommendation re disposition, such as:◦ a. No action (complaint unfounded)◦ b. Counsel, admonish, or reprimand mediator◦ c. Require additional training or supervision as a condition of

remaining certified◦ d. Place on probation◦ e. De-certify

Outline of Complaint Process

ORGANZATIONAL FORMATION

Mediator Certification Consortium of California

11 mediation provider organizations stretching from Orange County to Ventura County; one organization in Santa Rosa

Focus group and Information session conducted in San Francisco on March 16; more organizations expected

Present Participants in Dialogue about Formation of Mediator Certification

Consortium of California


Certification

"To ensure user and public confidence in the process of mediation by setting standards for mediator training, education, and ethical practice, and by developing, implementing, and maintaining those standards for certified mediators."

Mission Statement for the Mediator Certification Consortium of California


Certification

Organization will function as a 501(c)(6) under federal law◦ consistent with recommendation from ABA report◦ Will not provide training or mediation services

Will be able to support itself on dues from its supporting mediation provider organizations and certified mediators

Operation of Mediator Certification Consortium of California


Certification


Will be governed by a Board with strengths in providing mediation services

Board Committees and Project Committees oversee all organizational functions; must serve on committee to be eligible to run for Board

Two Member Groups◦ Organizational Members: Provider organizations who vote

for all but 1 Board seat◦ Certified Mediator Members who have one representative

on the Board of Directors

Governance of Mediator Certification Consortium of California

Seeking funding for initiative with expected launch in January 2016

Timeline for Mediator Certification Consortium of California


Certification

orange county mediation conference presentation by the ad hoc committee on voluntary mediator...

Documents

mediator credibility

voluntary program

non credentialed mediator

certification programs

certified mediator annual

credentialed mediators

credibility of mediation

credentialing system