Practitioner Guidelines

MII Guidelines on Assessing Practitioner Mediator Skills

The concept of competency includes all aspects of performance. It includes

  • performance at an acceptable advanced level of mediation skills
  • organising tasks
  • responding and reacting appropriately when things go wrong
  • fulfilling a role
  • transfer of skills and knowledge to new situations

For Practitioner Member assessment, the assessee should demonstrate an advanced level of mediation skills.

For these standards mediation is defined as:

Mediation is a process in which an impartial and independent third party facilitates communication and negotiation and promotes voluntary decision-making by the parties to a dispute to assist them to reach a mutually acceptable solution.

MII Code of Ethics

The standards identified in the assessment record define the advanced competencies required of Mediators in a wide range of settings and contexts. While Mediators may work in many different sectors, the requirements to be recognised as an MII Practitioner Mediator are the equivalent across the different areas of work type. It is accepted that Mediators will have experience in different areas of work types. To qualify as a Practitioner Member it is necessary for you to demonstrate advanced practical skills in whatever area you work in. It is recognised that some applicants will have had a specialist practice whereas others will have a more general practice. Some Mediators may only have practiced in one area, some in a number of areas and others in areas that don’t fit within the current MII sector model.

The MII is looking for each of its Practitioner Members to have core advanced competencies and where appropriate, to have specialist competencies for particular sectors. As different specialities may use different models of mediation you should inform the assessors which sector rules you would like to be assessed by.

All MII Practitioner Members are equal no matter by which route a Mediator achieves that qualification. It is recognised that some mediation agencies may require a Mediator to qualify as a Practitioner by a particular route before employing them – that is a private matter for the agency. The MII is happy to supply a letter confirming the route you used to achieve Practitioner Member status.

Mediators are constrained by the Code of Ethics only to work within their competence.

The assessment relates to the actual conduct of mediation sessions. They may relate to pre-mediation intake functions such as initial contact with the parties and scheduling of sessions, or to post-mediation follow-up to put the mediation into context provided that the skills or issues raised are of an advanced nature and were conducted by the Mediator themselves. It is recognised that such functions may be carried out by Mediators themselves or by other specially trained personnel, but are not part of the core competencies for all Mediators.

The assessment for Practitioner Member status is an assessment of advanced skills as evidenced by the applicant either within the write-up of an agreed number of cases or at interview. The applicant should prepare a short personal statement to give a brief overview of their practice and experience and to put the cases into context. They should also write a couple of paragraphs relating to their personal awareness.

Although the cases can be read as discrete documents, applicants are encouraged to refer to skills they have acquired by virtue of other mediations that they have conducted. Applicants are encouraged to select their cases and highlight those situations which enable them to showcase a number of diverse skills – not all skills will be used in every case. The assessmetn is made on the skills demonstrated in the cases submitted.

Through your choice of cases you should be able to demonstrate:

  • Competence is demonstrated as evidenced in the cases to be assessed
  • Mediation is congruent with agreed definitions of mediation
  • The Mediator uses appropriate professional judgement to apply the process in a flexible manner that maintains the integrity and transparency of the process
  • Full consultation with any co-Mediator is used at all times throughout the mediation
  • Mediators have underpinning knowledge of:
    • Ethical guidelines
    • Cultural factors relevant to the Mediator's area of responsibility

The applicant’s portfolio of case summaries/case developments, agreements, are an opportunity for each applicant to show that he/she has integrated mediation theories, concepts, principles and skills to a high enough standard to be considered an advanced practitioner.

Demonstrating a basic understanding of the process, principles and general mediation strategies, such as naming skills like reflective listening or option development without demonstrating why that strategy was chosen in the particular context and for what specific purpose is not sufficient.

At practitioner level the applicant will be expected to demonstrate through their interventions in mediation, through their agreements, or critical reflection, a good working knowledge of many of the areas outlined below.

The following are core areas for assessment:

  • Managing the relationship in mediation
  • Managing the process
  • Managing the content
  • Managing the agreement
  • Personal awareness

1 Demonstrating the Skills of Managing the Relationship

To establish a respectful and trusting relationships with participants:

  • Protects and affirms participant’s rights to self-determination
  • Maintains and supports participants integrity
  • Creates sufficient trust so that participants can allow emotions to surface and the real issues can be addressed
  • Demonstrates a predictable and accountable way of working
  • Participants demonstrate they are willing to work with risks because of the quality of trust in Mediator and the process

To establish a collaborative relationship between participants:

  • Works with participants to promote mutual understanding, insight and empathy for the other(s)
  • Enhances participant’s commitment to their new collaborative working relationship.

The Mediators ability to manage power imbalances:

  • Works with participants to develop or create a process that ensures equality
  • Protects and affirms participant’s rights to self-determination
  • Maintains and supports participants integrity
  • Establishes and maintains a working environment based on equality with all participants
  • The ability to give and receive appropriate constructive comments and feedback

2 Demonstrating the Skills of Managing the Process

To attend to and explore participant’s interests:

  • Identifies mutual and individual interests.
  • Capacity to both differentiate and connect interests of participants
  • Works with participants to identify principles based on underlying interests.

To manage conflict appropriately:

  • Uses interventions to seek clarification
  • Confronts discrepancies
  • Uses immediacy to attend to non-verbal cues
  • Reframes statements to defuse conflict and gain consensus
  • Asks questions to surface real conflict issue then manages the conflict dynamic
  • Is comfortable with conflict, assists participants to deal with conflict in a healthy, healing manner
  • Facilitates ongoing positive communication patterns as appropriate

3 Demonstrating the Skills of Managing the Content or Information

To help participants to identify and manage information:

  • Assists in the organization of information
  • Supports participants ability to assimilate new information
  • Encourages participants to develop a framework for gathering and tracking the information needed
  • Assists the participants to apply interest based criteria for judging information
  • Ensures information is integrated throughout the process.

To help participants apply interest based solutions:

  • Helps participants to identify principles and criteria to guide their decision- making
  • Assists participants to select a wide range of options which best meet their mutual and individual interests
  • Encourages participants to reality test their decisions
  • Works with parties to develop their own principles to evaluate their solutions

4 Demonstrating the Skills of Managing the Agreement

  • Building towards agreement
  • Clarity about the function of the agreement
  • Consideration of the language used
  • Review

5 Personal Awareness

Emotional

Tuning into inner signals and recognizing how these affect our performance and us. Demonstrate being tuned into guiding values and how to intuit the best course of action, assessing the bigger picture in a complex situation. Emotionally aware Mediators will be able to speak openly about their emotions.

Accurate Self-Assessment

  • Knowledge of limitations and strengths.

Self-Confidence

  • Accurate knowledge of personal ability
  • Welcoming challenging mediations.

Integral Vision

  • Commitment to holding all sides of a conflict in all its complexity

Self-Control

  • The ability to manage disturbing emotions and impulses while working with participants and channel them in useful ways
  • The ability to remain calm and clear headed in high stress or crisis.

Transparency

  • The ability to be authentic and open about ones feelings, beliefs and actions as this allows integrity
  • The ability to admit mistakes or faults and confront unethical behaviour in others.

Adaptability

  • The ability to juggle multiple demands without losing focus or energy
  • To be comfortable with the inevitable ambiguities of mediation
  • To be able to adapt to new challenges, and adjust to fluid change
  • To be flexible in ones thinking when new information or new realities present.

Achievement

  • To have high personal standards and a drive to constantly improve personal performance.

Initiative

  • Sense of efficacy - to have what it takes to control one’s own destiny and create opportunities in difficult situations to fully explore all possible options.

Optimism

  • The capacity to see difficult situations as an opportunity rather than a threat.


Scale To Measure - Level Of Participation

The following rating scales should be used to determine an overall rating under each area. Below each of the area headings are listed several factors to consider in making a rating. Assessors are asked to measure each area by circling the observed competencies on a scale of 1 through to 5 as follows

5 – Very Good Standard: The candidate has displayed the skills and knowledge which indicate they have the ability to conduct a mediation and where they demonstrated a capability of using all of the relevant interventions in each assessment area.

4 – Good Standard: The candidate has displayed the skills and knowledge which indicate they have the ability to conduct a mediation and where they demonstrated a capability of using most of the relevant interventions identified in each assessment area.

3 – Satisfactory: The candidate has displayed the skills and knowledge which indicate they have the ability to conduct a mediation and where they demonstrated a capability of using some of the relevant interventions identified in each assessment area.

2 - Needs improvement: The candidate has not displayed the skills and knowledge which indicate they have the ability to conduct mediation as they have failed to demonstrate appropriate use of the relevant interventions.

1 – Unacceptable: The candidate has failed to display most or all of the skills and knowledge which indicate they have the ability to conduct a mediation. The candidate has used few if any of the appropriate interventions in each assessment area.

Please circle one.

Under the “Comments” section, discuss specifically those areas completed successfully or needing improvement.

Candidates must demonstrate a satisfactory rating in all areas to pass

Because the process will generally be unfolding candidates will usually only be able to demonstrate some of the qualities and skills set out below.

The applicant applies to have their cases assessed by an assessor familiar with their area(s) of expertise who will be looking for relevant skills matched to the particular nature of the case.

Note: The assessment for Practitioner Member status is based on skills not knowledge. Assessment of Mediators through particular routes may require the submission of additional documentation as deemed relevant, e.g. The Family Mediation Accreditation Journal for Mediators progressing through the family route.