Ark. ADR Comm'n Min. Standards Mediation Training

MINIMUM STANDARDS

for

MEDIATION TRAINING

by

THE ARKANSAS ALTERNATIVE DISPUTE RESOLUTION

COMMISSION

2009

INTRODUCTION

The Arkansas Alternative Dispute Resolution Commission has issued the following

curriculum standards to help insure consistent, quality training for mediators in Arkansas.

These guidelines apply to a basic 40 hour mediation course. Additional topic and skills

areas apply to a 20 or 40 hour family mediation course.

The primary purpose of these standards is to assure that training courses approved by the

Commission train mediators for a specific purpose: to handle cases referred to mediation

from the Circuit Courts of Arkansas. As such, role plays should be geared to issues that

would be heard in the Courts and special consideration should be given to working within

that context.

Training courses meeting these minimum standards are the starting point for a beginning

mediator. As in other fields, ongoing training and mediation experience are necessary

components to becoming a truly competent mediator. A mediator who has completed a

course offering these beginning and minimum standards should not automatically be

considered a competent mediator.

The Arkansas Alternative Dispute Resolution Commission understands that nationally

accepted standards for mediation training do not exist at this time. The Commission has

accumulated and evaluated commonly used training guidelines regarding mediation

theory, knowledge, and skills in order to compile these standards. The Commission

retains the right and expectation to update these standards as the mediation field matures

and the Commission sees fit.

MEDIATION TRAINER QUALIFICATIONS

1. Academic Background/Education

a. The trainer must meet the equivalent education requirement set out in the

corresponding category for certification. For example, a basic civil

mediation program trainer must have a master=s degree or higher as set out

in the civil certification requirements.

2. Mediation Training

a. The trainer must have training equivalent to that set out in the

corresponding category for certification. For example, a trainer

conducting a family mediation course, must have completed a 40 hour

family mediation course or a 40 hour basic course with an additional 20

hour family mediation course.

3. Mediation Experience

a. The trainer must have completed 25 mediations since the time of their

initial training, and must be actively engaged in the practice of mediation.

4. Training Delivery Expertise

a. The trainer must have four years of relevant teaching experience, or have

conducted or co-conducted a minimum of five training courses.

5. Subject Matter Expertise

a. In addition to meeting all academic, training and experiential requirements

set out in these standards, the primary trainer must be knowledgeable in all

areas of the training curriculum.

b. If the trainer lacks sufficient expertise or knowledge of any part of the

required curriculum, they must bring in faculty who is an expert in that

subject matter. For example, they may bring in an Arkansas attorney who

practices family law to teach the component covering Arkansas law in

domestic relations.

6. Waiver

a. The Commission reserves the right to waive any of the above trainer

qualification requirements upon demonstration by the trainer that skill

requirements are met by some alternative format.

b. The Commission reserves the right to observe and evaluate the trainer in a

teaching or training setting prior to granting a waiver of any of the

requirements.

COURSE CONTENT

There are eight minimum areas of information which must be covered in a basic 40-hour

training program:

1. History of Mediation. Rationale: Mediation has evolved over time and continues to

evolve today, trainees need an understanding of the historical perspective.

2. Overview of ADR Legislation in Arkansas. Rationale: Trainees must be introduced

to the key aspects of legislation that have relevance to the practice of mediation in

order to be able to comply with relevant legal requirements.

3. Conflict Resolution Theory. Rationale: This information must help trainees

differentiate between mediation and other forms of dispute resolution.

Topics which must be included in this area are:

a. Definition, types of, and responses to conflict

b. Dispute resolution continuum

c. Win/win collaborative problem solving

4. Mediation Theory and Practice. Rationale: Trainees need a theoretical grounding to

understand the process fully. Trainees must understand a full range of mediation

models in order to serve the parties most effectively.

Topics which must be included in this area are:

a. Definition of mediation and characteristics of mediators

b. Theory of Mediation

c. Benefits of mediation process

d. Differences in the roles: judges, arbitrators, attorneys, and mediators

e. Range of styles, types of mediators and mediations

5. Arkansas Legal System and Court Process - Rationale: Trainees must have a basic

understanding of the Arkansas legal system and processes. Knowledge of the court

process will help a trainee serve parties more effectively by being able to help parties

more effectively evaluate options.

Topics which must be included in this area are:

a. Overview of the Arkansas court system.

1. Structure of court system; must include explanation of the role and

organization of district courts, circuit courts, and appellate courts.

b. Basic overview of the initiation and resolution of lawsuits.

1. Explanation of fundamental concepts and terms such as complaint,

answer, discovery.

2. Identification of court personnel, attorneys, parties, and others who may

play some role in a lawsuit.

3. The route and manner in which a case is referred to mediation

4. The consequences of a mediated agreement as well as failure to reach

an agreement

5. State rules, statutes, and local procedures governing mediation

6. Knowledge of the various types of disputes which may arise in a

particular type of mediation program

7. The difference between post-filing and pre-filing mediation.

c. ADR statutes and case law.

1. Where no case law exists, examples will be given of how other states have

addressed issues

d. Compare and contrast the state and federal court systems as it pertains to

mediation.

1. Clarify the different use of terms that are used for both state and federal

courts, but may have different meanings.

6. Mediation Process and Techniques. Rationale: Trainees must have a conceptual

framework for conducting the session. Trainees must also be taught key techniques

to assist in managing participation, structuring the session and establishing a

cooperative problem-solving environment.

Topics to be included in this area are:

a. Mediation Process

Preliminary arrangements

Opening and structuring the mediation session

Introduction/orientation of disputants/attorneys

Gathering and exchanging information

(presentation of situation by each party)

Issue and problem clarification

Generating options

Bargaining and negotiation

Agreement writing/enforceability

Closure

b. Techniques

Trust building

Restating and clarifying

Keeping on track, following agenda, managing process

Focusing on interests vs. Positions

Building on partial agreements

Caucusing

Reality testing

Working with third parties

Managing difficult people or strong emotions

c. Confidentiality

7. Self- Awareness of Trainee. Rationale: Trainees must understand personal

characteristics or biases that might influence their ability to perform effectively as a

mediator.

Topics to be addressed include:

a. Diversity/cultural awareness (personal biases)

b. Language differences

c. Conflict style

d. How the trainee responds to conflict

8. Ethics. Rationale: Trainees must understand ethical principles with

which to make informed choices which support the effectiveness and

credibility of the mediation process.

Topics to be addressed include:

a. Requirements for the Conduct of Mediation and Mediators (Arkansas standards)

b. Power imbalances

c. Liability

Family Mediation- Additional Topics- Rationale: To be effective mediators for persons

experiencing divorce, a mediator must have knowledge and skill regarding specific

family issues.

Topics to be included are:

a. Psychological issues in separation and divorce and family dynamics

b. The needs of children in divorce

c. Arkansas Family Law as it relates to family mediation

d. Family Economics

e. Awareness of tax issues relating to divorce

f. Domestic violence, substance abuse, child abuse and neglect, screening and

reporting, and legal issues

TRAINING CONTENT: COMMUNICATION SKILLS

Trainees must be have an opportunity to practice selected written and oral

communication skills which will enable the mediator to foster understanding and trust,

elicit relevant information and accurately track and record key areas of agreement.

The following skills must be introduced and practiced throughout the mediation training:

1. Listening

2. Note taking

3. Questioning

4. Nonverbal communication (i.e. eye contact, body language)

5. Restating and clarifying

6. Use of neutral language

5. Drafting the agreement

TRAINING METHODOLOGY

Training methods must be designed to help trainees learn, integrate, and apply the

knowledge and skills covered in course materials.

1. Programs must include the following essential training methods:

- lecture

- group discussion

- mediation simulations

- role plays involving a variety of types of disputes

Trainers are also encouraged to include:

- readings

- written exercises

- video tapes

- participation in actual mediations

2. Trainees must be given an opportunity to participate in at least three role plays as

a mediator and two role plays as a disputant under the supervision of a trainer or

training assistant.

3. Trainees must have an opportunity to observe at least one simulated or actual

mediation.

4. A minimum of 40% of training hours shall be spent in participatory activities.

Participatory activities shall be defined as supervised, structured activities that

require interaction among two or more people, which relates to training.

TRAINING ADMINISTRATION

Mediation training must be organized in a way that allows trainees to receive

individualized attention and feedback on their skills. This is important if trainees are to

leave with a realistic understanding of their abilities. The training must be administered

in a way that requires completion of the entire course and documents only the actual

hours attended.

1. It is important that trainees get individual feedback from experienced

mediators/trainers on their performance in training practice sessions. Generally, it

is recommended that the trainer/trainee ratio be 1:6 for role plays (there may be

some circumstances such as multi-party disputes which require larger role play

groups.)

2. Trainers must observe role plays and provide feedback

3. Trainers must solicit evaluation comments from trainees each time the course is

conducted. The evaluations must be on a form provided by the Commission, and

once completed must be submitted to the Commission. The trainer must complete

a cover sheet for the evaluations stating the number of attendees in the course and

attesting that no evaluations were omitted.

4. Trainers must provide written documentation attesting to trainees= attendance at

the training.

5. Trainers must indicate in training materials whether their program meets specific

published standards of a professional organization.

EXAMINATION

At the conclusion of the training course, the trainer may be required to administer an

exam provided by the Commission.

COURSE APPROVAL

Once approved by the Commission as satisfying these standards, the course may be

offered repeatedly for a period of three years. Three years from the date of the approval

letter, approval expires and the trainer must re-apply to the Commission to determine if

the course meets existing training standards.

During the three year approval period, the trainer must notify the Commission each time

the course is offered. This allows the Commission to notify interested parties of training

opportunities and to notify the trainer of any changes to the training requirements.

The Commission reserves the right to revoke current approval or deny re-application for

approval of a course based on participant evaluations and other relevant factors.