Knowledge
- The nature of conflict, including the dynamics of power and violence.
- The circumstances in which mediation may or may not be appropriate.
- Preparing for mediation; assessing suitability; preliminary conferencing or intake.
- Communication patterns in conflict and negotiation.
- 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
- Preparation for and dispute diagnosis in mediation.
- Intake and screening of participants and disputes to assess mediation suitability.
- The conduct and management of the mediation process.
- Communication skills, including listening, questioning, reflecting, reframing and summarizing, as required for the conduct of mediation.
- Negotiation techniques and the mediator’s role in facilitating negotiation and problem solving.
- Ability to manage high emotion, power imbalances, impasses and violence.
- Use of separate meetings.
- Reality-testing proposed outcomes in light of participants’ interests, issues, Underlying needs and long -term viability.
- Facilitating the recording of the outcome of the mediation.
Ethical Principles
- Competence, integrity and accountability
- Professional conduct
- Self-determination
- Informed consent
- Safety, procedural fairness and equity in mediation including withdrawing From or terminating the mediation process
- Impartiality including the avoidance of conflicts of interest
- Confidentiality privacy and reporting obligations
- Honesty in the marketing and advertising of mediation and promotion of the Mediator’s practice.
