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<xTITLE>Mediation Credentialing: What About Mediation Trainers?</xTITLE>

Mediation Credentialing: What About Mediation Trainers?

by Diane J. Levin
June 2009

From Mediation Channel

Diane J. Levin

questions for the mediation field

Much discussion has taken place of late about credentialing or certifying mediators or what it means to prepare mediators for competent practice. All too often, number of hours of mediation training serves as proxy for proficiency and skill.  That is certainly the case in Massachusetts, which has a law protecting mediation communications from disclosure in court only if the mediation is conducted by a mediator who has, among other things, completed at least 30 hours of training. Recently mediators in Massachusetts considered increasing those hours from 30 to 40, although discussions stalled out and are now on hold.

Time and again I have heard Massachusetts mediators defend this provision, arguing that it protects the public.  In reality, it does not. Why? Two reasons. One, the 30 hours were pulled from thin air - an arbitrary number made up by the drafters of the Massachusetts law. And two, mediation trainers and training programs that prepare mediators for private practice are unregulated. Just as anyone can hold themselves out as a mediator in private practice, so, too, can anyone hold themselves out as a trainer of mediators. Quality of programs vary widely; some programs are good and some are not. Even if a mediator has 30 or 40 or 400 hours of training, where’s the assurance that any of that training was conducted by competent, knowledgeable instructors?

As we discuss what it takes to prepare individuals to become effective mediators, we must also be willing to look at what it takes to prepare individuals to teach or train mediators.

Biography


Diane Levin, J.D., is a mediator, dispute resolution trainer, negotiation coach, writer, and lawyer based in Marblehead, Massachusetts, who has instructed people from around the world in the art of talking it out. Since 1995 she has helped clients resolve disputes involving tort, employment, business, estate, family, and real property issues, and serves on numerous mediation panels, including the United States Equal Employment Opportunity Commission. Training and coaching are an enduring passion -- she has taught thousands of people to resolve conflict, negotiate better, or become mediators -- from Croatian judges to Fortune 500 executives.

 

A geek at heart, Levin consults on web design and social media to professionals.  She blogs about ADR at the intersection of law, science, and popular culture at the award-winning MediationChannel.com, regarded as one of the world's top ADR blogs.  She also tracks and catalogues ADR blogs world-wide at ADRblogs.com, where she has created a community for bloggers writing about constructive ways to resolve disputes.

 

web site: http://dianelevin.com



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