Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. Here is the Table of Contents.
The Seven Keys are: Leadership, Data, Education, Profession, Technology, Government and Usage, each with supportive articles and videos, contributed by some 40 leading authors around the world.
The Seven Keys articles recognize mediation’s extraordinary versatility: a) resolving disputes, b) deal making, c) managing interpersonal disputes in families and communities, e) designing systems for schools and the workplace, f) peace-making between groups, g) and national public policy decision-making. Each key is a jigsaw piece that forms a vibrant, exciting vision of how the field can dramatically improve and prosper.
Mediation is an ever-evolving field, making the journey for mediators a never-ending learning process. Practising mediators with advanced knowledge, skills and experience need to support the next generations of mediators to ensure a positive and vibrant future of mediation.
Each year, people of all ages undergo mediation training in different countries and for different reasons. Most complete the course riding a wave of excitement and enthusiasm, anxious to practice their skills. But there are very few structured career paths or development programs that students can opt into when mediation training ends. It is difficult for newly-trained mediators to step on the first rungs of the mediation ladder.
Consequently, newly-trained mediators often struggle to find opportunities to advance themselves in the field without connections. Many feel intimidated, reluctant, to approach experienced mediators for guidance. When the Young Mediators’ Initiative (YMI) surveyed members, 87% confirmed the need for mentoring programs incorporated in mediation training. Just 35% had been fortunate enough to gain any field experience whatsoever. Some practising mediators are members of service providers that offer formal post-training schemes, but these situations are rare.
It is so notoriously difficult for new mediators to gain field experience that Bill Marsh, one of the world’s most experienced international mediators has observed: “Opportunities are slim, and only the most committed will ever stand a chance. You need to be willing to take risks, travel, experiment and not get paid”.
While new mediators are usually aware of this problem and are willing to invest personal resources, it still seems to be very difficult to enter the profession. There are few internships and scholarships, and those that do exist are over-subscribed.
This very often results in the next generation of mediators being unable to practice what they have learned, and talented professionals drift to other fields.
Addressing the Problem
To ensure a vibrant future for mediation, mentoring schemes are needed. Each program could attract a pool of highly qualified and experienced mediators willing to act pro bono as mentors. Each program could be online, connecting mentors with mentees so that mentors can provide guidance to mentees and help them generate field opportunities. And the programs could be led by a dedicated group of professionals. All mediation provider institutions could establish such a program or subscribe to existing mentoring programs such as the YMI, publish it on their websites and promote it to their online communities. While expert participation in these programs should remain voluntary, mediation providers could strongly and publicly (online and offline) encourage their members to engage actively, either as mentors, or as experience generators, and preferably as both. Where a mediation service provider does not offer such a mentoring program, their panel mediators might challenge them, and take steps to create one, becoming the first mentors.
Empowerment Through Experience Generation
Field experience is vital to develop the successful skill sets mediators need. Mentorships facilitate access to field experience. A mentee can support the mediator at all stages of the mediation process, from preparation, through administering and note taking, to shadowing the mediator and following up. Many mediators who enable inexperienced mediators to accompany them report that “shadows” are genuinely valuable to them in many ways. While parties need to be asked if they agree to having a “trainee” or “assistant” present during their mediation, mentees must comply with the same rules and confidentiality obligations as the mediator. YMI members adopt the IMI Code of Professional Conduct. Consistent feedback from mediators supporting the YMI and offering shadowing opportunities to YMI members indicates that when requests were made to parties or their advisers to bring along a YMI member, few objections were recorded.
Not all mediators make suitable mentors, but every mediator has what it takes to become one. Mentoring closely resembles mediator skills, such as the ability to listen actively without judgement; to perceive solutions and opportunities; to provide insight and counsel; and empathy, respect, flexibility and patience. Mediators are encouraged to apply their existing skills, networks and time to empower, inspire and guide new mediators whenever they can towards a successful mediation career.
Mentoring can occur in many forms and it is not bound by national borders. There are many newly trained mediators in parts of the world where mediation is not yet used sufficiently to enable them to gain experience. Experienced mediators can make a huge difference and help develop mediation in those countries by connecting with a mentee online. With technologies such as video conferencing, bridging countries and cultures, mentorships can have a cross-cultural dimension, valuable to the experienced mediator mentor as well as their mentee.
Lead The Way!
Ten years ago, the International Mediation Institute established the YMI and a mentorship scheme to develop new mediators. A structured and well-organized online framework allows YMI members to connect with experienced mediators and ultimately gain field experience. Unfortunately, mentee demand quickly outgrew the supply of willing, experienced mentors. This scarcity of mentors remains the core challenge that needs to be addressed.
In order to increase the pool of experienced mediators, YMI teamed up with organizations either already running their own mentorship scheme or eager to develop one. Rather than each organization working independently, a collaborative effort was launched. The Worldwide Mediation Mentoring Program is currently being developed jointly by the YMI, the International Academy of Mediators (IAM), the Institut Français de Certification des Médiateurs (IFCM), the Instituto de Certificaçao e Formaçao de Mediadores Lusofonos (ICFML), and the Singapore International Mediation Institute (SIMI), with the support of the International Centre for ADR of the International Chamber of Commerce (ICC).
Collaborative leadership can ensure global access to New Mediator programs and allow the next generation to emerge, develop and progress.
Mediation trainers can actively support their alumni and offer field experience as part of their programs.
Mentoring schemes can share best practice examples and allow other organizations to learn from them.
Above all, experienced mediators can step forward as mentors and help lead the future development of quality mediation based on experience as well as training.
Indisputably Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote:...By John Lande