Report of the Joint Cba Adr/ccmo Mediator Qualifications Committee
| Publication year | 1993 |
| Pages | 509 |
| Citation | Vol. 22 No. 3 Pg. 509 |
1993, March, Pg. 509. Report of the Joint CBA ADR/CCMO Mediator Qualifications Committee
The Colorado Bar Association ("CBA") Alternative Dispute Resolution ("ADR") Committee and the Colorado Council of Mediators and Mediation Organizations ("CCMO") formed a committee known as the Mediator Qualifications Committee(fn1) to address the issue of recommended guidelines for mediator education and training. This committee issued a report and suggested guidelines, which were approved by the CBA Board of Governors (excluding the code of ethics, to be subject to review by the Board of Governors at a future meeting). The committee's report, published below, was made public September 17, 1992.
This report is prepared by an ad hoc committee ("Committee") comprised of members of the CBA ADR Committee and the CCMO. From the beginning of this project, we recognized we had a twofold mission: to assist mediators in their pursuit of appropriate education and training and to assist consumers, attorneys, judges and other professionals in selecting mediators. We propose the following recommendations be adopted as Guidelines for Mediator Education and Training in the areas of divorce and child custody disputes, as well as general civil disputes.
A principle which applies to all proposed guidelines is that it is the obligation of mediators to stay current on the pertinent substantive and procedural developments in the field. Consequently, each mediator should decide for himself or herself what training or education beyond these guidelines is needed. Additionally, the Committee recognizes that some mediators accept cases for limited purposes, acknowledging they are qualified to mediate fewer than all issues in a dispute. Those mediators should clearly disclose that information and act accordingly in accepting and facilitating disputes by either carefully limiting the issues to be mediated with him or her or by co-mediating with someone qualified in the other areas at issue.
With respect to the models set forth below, we found that the training requirements of the Academy of Family Mediators ("AFM") served as a good model. We utilized the following eight "core" groups of skills and talents identified by the AFM as crucial elements to be considered:
1) information-gathering skills and knowledge;
2) relationship skills and knowledge;
3) communication skills and knowledge;
4) problem-solving skills and knowledge;
5) ethical decision-making and values skills and knowledge;
6) interaction and conflict management skills and knowledge;
7) professional skills and knowledge; and
8) substantive knowledge base.
A more complete description of the components of these groups of skills, as explained by the AFM, is contained in Appendix I, printed below, which we incorporate into our report as examples of specific skills, except for the specific reference to the AFM mediation standards of ethical practice in 5.A of Appendix I. In its place, we recommend an understanding of, and subscription to, a code of ethics or code of professional conduct for mediators that is sanctioned by a recognized professional organization.
Because of alternative methods by which one can obtain or demonstrate the skills and talents identified above, we propose that divorce and child custody mediators follow the education and training guidelines in either Model Alternative A or B. All references to numbers of hours are to "clock" hours and not to credit hours.
1. A forty-hour divorce and child custody mediation training program which covers the eight components described above and includes at least six hours of role playing.
2. One hundred hours of mediation experience (solo or co-mediation) in at least ten different cases while in consultation with an experienced mediator. One should participate in at least fifteen hours of consultation. (See Appendix II, below, for an explanation of consultation.)
3. At least twelve additional hours of education in substantive areas of knowledge relevant to divorce and child custody mediation.
4. Subscription to a code of ethics or code of professional conduct for mediators that is sanctioned by a recognized professional organization.
5. Active participation in continuing education in the mediation process and in substantive areas. Continuing education can include, but is not limited to, information
1. A forty-hour general or divorce and child custody mediation training program which covers the eight components described above and includes at least six hours of role playing.
2. A law degree or graduate degree in one of the behavioral sciences.
3. At least two years of professional experience working with people who are dealing with divorce and child custodyrelated issues.
4. If the mediation training program was a general one, supplemental education in those substantive areas of knowledge which complement one's areas of expertise. The possible areas include: the needs of children at different developmental stages; the emotional process of divorce; divorce statutes and case law; the division of property; and issues of child and spousal support.
5. Sixty hours of mediation experience (solo or co-mediation) in at least six different cases while in consultation with an experienced mediator. One should participate in at least eight hours of consultation.
6. Subscription to a code of ethics or code of professional conduct for mediators that is sanctioned by a recognized professional organization.
7. Active participation in continuing education in the mediation process and the substantive areas. Continuing education can include, but is not limited to, information or knowledge gained through workshops, reading, peer...
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