Knowledge

  1. The nature of conflict, including the dynamics of power and violence.
  2. The circumstances in which mediation may or may not be appropriate.
  3. Preparing for mediation; assessing suitability; preliminary conferencing or intake.
  4. Communication patterns in conflict and negotiation.
  5. Negotiation dynamics in mediation, including manipulative and intimidating tactics.

Cross-cultural issues.

  • The principles, stages and functions of the mediation process.
  • The roles and functions of mediators.
  • The roles and functions of support persons, lawyers and other professionals in mediation.
  • The law relevant to mediators and to the mediation process.

Skills

  1. Preparation for and dispute diagnosis in mediation.
  2. Intake and screening of participants and disputes to assess mediation suitability.
  3. The conduct and management of the mediation process.
  4. Communication skills, including listening, questioning, reflecting, reframing and summarizing, as required for the conduct of mediation.
  5. Negotiation techniques and the mediator’s role in facilitating negotiation and problem solving.
  6. Ability to manage high emotion, power imbalances, impasses and violence.
  7. Use of separate meetings.
  8. Reality-testing proposed outcomes in light of participants’ interests, issues, Underlying needs and long -term viability.
  9. Facilitating the recording of the outcome of the mediation.

Ethical Principles

  1. Competence, integrity and accountability
  2. Professional conduct
  3. Self-determination
  4. Informed consent
  5. Safety, procedural fairness and equity in mediation including withdrawing From or terminating the mediation process
  6. Impartiality including the avoidance of conflicts of interest
  7. Confidentiality privacy and reporting obligations
  8. Honesty in the marketing and advertising of mediation and promotion of the Mediator’s practice.
Back