THIS IS A DRAFT DOCUMENT

Best Practices for 40 hr. Basic Mediator Training

BACKGROUND
At the ACR 2004 Conference in Sacramento - Training Section Meeting, it was decided to post on this website a draft document of Standards for 40 hr. Basic Mediator Training. This document is for consideration by Training Section members and others who are interested.

PURPOSE
These standards are intended to insure the quality of mediation training programs and to foster productive dialogue among mediation trainers. They have been developed in a way that recognizes diversity in the mediation field, including diversity of approaches to training and to mediation. [These standards are based on those developed over several years by the Texas Mediation Trainers Roundtable. For more information, please see www.TMTR.org ]

Distance Education
The ACR Training Section is aware of the increasing emphasis on online education and encourages you to consider online education and methodology to the ACR Training Section 40 Hr. Training Best Practices Draft Document. If you have any comments, questions, or concerns, please send them to Sara Lyn Smith at saralynesq@aol.com .

TRAINING CONTENT
The nine minimum areas of information that need to be covered in a basic mediation 40 hour training program include:

1. History of Mediation
Trainees need an understanding of the historical perspective of mediation because it has evolved over time and continues to evolve today.

2. Overview of ADR Legislation in (your State)
Trainees should be introduced to legislation that regulates the practice of mediation, so they may comply with relevant legal requirements.

3. Conflict Resolution Theory
The theory of conflict resolution helps trainees differentiate between mediation and other forms of dispute resolution.

Topics

4. Mediation Theory and Practice
Trainees need a theoretical grounding to understand the process fully. Trainees should understand a full range of mediation models in order to serve the parties most effectively.

Topics

5. Mediation Process and Techniques
Trainees must develop a conceptual framework for conducting the session. This requires learning key techniques to assist in managing the session’s process while encouraging a collaborative problem-solving environment.

Topics

a. Elements of the Mediation Process

b. Techniques

6. Self-Awareness of Trainee
Trainees should understand how their personal characteristics, values or biases might influence their ability to perform effectively as a mediator.

Topics

7. Ethics

Trainees must be able to support the effectiveness and credibility of the mediation process through making informed choices based on ethical principles.

Topics

8. Communication Skills
Trainees should have an opportunity to learn selected written and oral communication skills in order to foster understanding and trust, elicit relevant information, and accurately track and
record key areas of agreement.

Skills

9. Professional Considerations
The trainers should promote the belief that continuing education and development is critical to achieving excellence in mediation. Trainees should be made aware of opportunities to continue
to learn, to network, to find support within the field, and to establish a professional identity.

Topics

Professional organizations

TRAINING METHODOLOGY
Training methods should be designed to help trainees learn, integrate, and apply the knowledge and skills covered in course materials. A variety of training methods are essential in
order to maintain attention levels and to address differences in learning styles.

1. Training Methods

The following are essential to all training programs:

Trainers are also encouraged to include:

2. Role-plays
Trainees must 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. Mediation Observation
Trainees must observe at a minimum one simulated, videotaped, or actual mediation.

4. Participatory Activities
A minimum of 50 percent of training hours shall be spent in participatory activities. Participatory activities are supervised and structured activities that require interaction among two or more people.

TRAINING ADMINISTRATION
Mediation training should be organized in a way that guarantees that trainees 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 should be administered in a way that encourages completion of the entire course and documents only the actual hours attended. Finally, trainers should be responsive to the needs of trainees.

1. Individual Feedback
It is important that trainees receive individual feedback from experienced mediators/trainers on their performance in training practice sessions. This may be accomplished through direct trainer feedback and trainer facilitated coaching, trainee observation, or videotaping.

2. Mandatory Full Participation
Trainees need not only be present for the 40-hour course, but also need to participate in all participatory activities and role-plays to gain a comprehensive understanding of course materials.

3. Evaluation
Trainers will solicit course evaluation comments from trainees to help the trainer determine the effectiveness of the training and to help shape future mediation courses.

4. Documentation of Attendance
Trainers will provide written documentation to trainees verifying trainees' 40-hour attendance or partial attendance in hours completed.

5. ACR Training Section Standards
Trainers will indicate in training materials and certificate of completion that their program satisfies the ACR Training Section standards for the 40-hour Basic Mediation course.

THIS IS A DRAFT DOCUMENT

If you have comments on these standards, please email them to Tracy Tarver