According to the Mediators’ Institute of Ireland (MII) Code of Ethics and Practice, mediation is defined as: “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”
The MII sees the role of Advanced Mediator within the Institute as being vital to the development of the profession. Advanced Mediators are those mediators who have demonstrated their mediation experience to a panel of their peers. Beyond the practice importance of this experience, Advanced Mediators are role models to newer mediators, or those members interested in extending their breadth of practice. Advanced Mediators may go on to be trainers and assessors, as well as mentors and supervisors/case consultants. Advanced Mediators are pivotal to the development of the mediation profession and the continuing development of excellence in professional standards of mediation practice.
Advanced Mediator Competencies
Competency comprises the specification of the knowledge and skill, and the application of that knowledge and skill to the standard of performance required. The concept of competency includes all aspects of performance. It requires competent mediators to demonstrate an agreed standard in:
➢ Performance at an acceptable level of skill
➢ Organising tasks
➢ Responding and reacting appropriately when things go wrong
➢ Fulfilling a role
➢ Transfer of skills and knowledge to new situations.
The MII has defined and outlined a core set of 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 Advanced Mediator are equivalent across the different areas of mediation practice. It is accepted that mediators will have experience in different areas of practice.
To qualify as an Advanced Mediator, it is necessary for you to demonstrate advanced practice 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 practised in one area, some in a number of areas and others in areas that do not fit within the current MII sector model. MII accredited mediators are required by the Institute’s Code of Ethics to only work within their competence.
The MII is looking for each of its Advanced Mediators 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 model you would like to be assessed by.
The assessment relates to the actual conduct of mediation cases. This may include pre-mediation intake functions such as initial contact with the parties and scheduling of sessions, 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. It is recognised that in some agencies such functions may be carried out by other specially trained personnel, rather than being the role of the mediator.
The assessment for Advanced Mediator status is an assessment of advanced skills as evidenced by the applicant within the write-up of an agreed number of cases and discussion of those cases at interview.
All MII Advanced Mediators 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 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 sectoral route you used to achieve Advanced Mediator status.
Advanced Mediator Competency Assessment
There are specific competencies required of people starting their mediation practice at the Certified level. The purpose of the Advanced Mediator Competency Assessment is to assess whether or not the mediator has developed the requisite mastery of mediation through practise and experience. The Advanced Mediator Competency Assessment is a structured and formal process which focuses on advanced level competencies.
Competency comprises the specification of the knowledge and skill, and the application of that knowledge and skill to the standard of performance required. The concept of competency includes all aspects of performance. It requires mediators to demonstrate an agreed advanced standard in the following LADDER of advanced competencies:
Leadership – demonstration of how the mediator is taking a personal leadership role in their own Continuous Professional Development, as well as a leadership role in relation to the profession of mediation.
Analysis – demonstration of how the mediator analyses conflict which they mediate, with specific reference to theoretical frameworks or models.
Design – demonstration of design principles the mediator follows in relation to their practice.
Doing – demonstration of mediation experience and practice.
Ethics – demonstration of how the mediator engages with ethical dilemmas.
Reflection – demonstration of how the mediator reflects in practise and on practice.
APPLICATION FOR ADVANCED MEDIATOR ASSESSMENT
Application documents and guidelines for completing an application for Advanced Mediator Assessment
THE ADVANCED MEDIATOR COMPETENCY ASSESSMENT
The Advanced Mediator Competency Assessment comprises an assessment of application documents, a discussion of the cases submitted and the Mediator’s wider practice.
Details of the application process
Using the Application Guidelines (insert hyperlink), the applicant should prepare a short Personal Statement to give a brief overview of their practice and experience, and to put the cases they submit into context. They should also write a couple of paragraphs relating to their Reflective Practice.
Although the cases can be read as discrete documents, applicants are also encouraged to refer to skills they have acquired through other mediations 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 assessment interview will focus on the skills demonstrated in the cases submitted.
Through your choice of cases, you should be able to demonstrate that:
The mediator’s portfolio of case summaries/case developments and 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 Mediator.
They will be expected to demonstrate reflection on practice and the theoretical framework for that practice. This initial step requires Mediators applying for Advanced Mediator Assessment to move beyond the more activist pragmatist learning style that is the day-to-day learning through practise.
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.
As an Advanced Mediator he/she will be expected to demonstrate through their interventions in mediation, through their Settlements, or critical reflection, a good working knowledge of many of the areas outlined below.
The application procedure for Advanced Mediator Assessment includes:
Guidelines on preparation of the Advanced Mediator Application
Following receipt of applications, the MII will provide a checklist of the assessment documentation received from each candidate to the Assessment panel members. Candidates must satisfy all of the criteria above before they can proceed to the assessment interview. In circumstances where applicants do not provide sufficient evidence of satisfying these criteria, they will be asked to re-submit for a later round of interviews.
An Advanced Level Assessment Interview will be conducted by a panel of three Advanced Mediators specially trained by MII to carry out Assessments, and will focus on enabling the practising mediator to fully demonstrate their advanced competences. One of the three panel members will be appointed as Chair.
As mediation is skills-based and as mediators often practise across a number of different areas of mediation, they may use this diversity of practice to demonstrate their advanced range of skills; all of the assessors may not be familiar with the substantive issues of all the mediation cases submitted.
In advance of the interview the mediator should make the MII aware of any reasonable accommodation requirements they have, and these will be facilitated as far as is reasonably possible.
The assessment interview will be recorded. The recording will be available in the event of an appeal in relation to the decision of the assessors. Mediators will also be invited (optional) to sign a consent that their recording may be used in the training of assessors into the future.
The interview will last for approximately one-and-a-half hours.
The Chairperson will greet the candidate and introduce them to the other members of the Panel. S/he will outline the process to the mediator. The mediator will be asked initial questions designed to put them at ease, such as:
Each of the other Panel members will then ask questions in turn. These questions will include two or more ethical questions specific to the mediator’s area of practice.
Before the end of the interview, the Chairperson will explain the next steps following the interview.
The panel will assess the application documents and the assessment interview of the Mediator.
Mediators will be assessed as per the agreed Mediators’ Institute of Ireland core areas for Advanced Mediator assessment which are based on the LADDER of Advanced Competencies set out at the beginning of this document.
Candidates must demonstrate a Competent (3) rating in each of the 5 Assessment Competency areas to pass (see below ‘Scale to Measure Competencies, Skills and Knowledge). Where a Candidate has not achieved a ‘3 – Competent’ or higher in each of the 5 Competency areas he/she should follow the MII Advanced Mediator Assessment Outcome Re-sit/Appeals Process.
Scale to Measure Competencies, Skills and Knowledge
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 - Exceptional: The mediator has fully displayed the critical thinking and reflection to demonstrate their mediation experience.
4 – Very Good: The mediator has clearly displayed the critical thinking and reflection to demonstrate their mediation experience.
3 – Competent: The mediator has displayed sufficient level of critical thinking and reflection to demonstrate their mediation experience.
2 – Working Towards: The mediator has not displayed sufficient critical thinking and reflection which demonstrates a full understanding of why they used particular interventions.
1 – Unsatisfactory: The mediator has failed to display most or all of the advanced skills and knowledge which indicate they have the required experience. The candidate has demonstrated limited critical thinking and reflection on their mediation practice in relation to mediation theory.
5 CORE AREAS FOR ADVANCED MEDIATOR ASSESSMENT
1. MANAGING THE PROCESS OF MEDIATION |
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Required |
Competencies to be assessed |
Mediation practice is congruent with agreed definitions of mediation. |
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Demonstrates a good understanding of design principles and applies them to practice. |
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Uses appropriate professional judgement to apply the process in a flexible manner that maintains the integrity and transparency of the process. |
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Shows a good understanding of ethical dilemmas and applies best practice in ethical decision-making. |
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Demonstrates good application of process skills. |
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Overall Rating (please circle one): 1 2 3 4 5
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Required |
Competencies to be assessed |
Establishes and maintains a respectful and trusting relationship with participants and any other attendees.
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Establishes a collaborative relationship with and between participants |
working relationship.
to safely challenge their behaviours within the mediation. |
Protects and affirms each individual’s right to self-determination. |
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Demonstrates effective management of power imbalance. |
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Overall Rating (please circle one): 1 2 3 4 5
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Required |
Competencies to be assessed |
Manages the identification and organisation of relevant information. |
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Demonstrates how relevant content is gathered, analysed and utilised appropriately during mediation.
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Overall Rating (please circle one): 1 2 3 4 5
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Required |
Competencies to be assessed |
Building towards a Settlement/Memorandum of Understanding
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Demonstrates competency in constructing Settlements which satisfy legal and ethical requirements. |
participants signing the Settlement/Memorandum of Understanding.
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Overall Rating (please circle one): 1 2 3 4 5
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Required/Desirable |
Competencies to be assessed |
Demonstrates how self-reflection in and on practice has developed their mediation practice. |
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Demonstrates a personal leadership role in their own Continuous Professional Development. |
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Demonstrates best practice within the parameters of the Mediation Legislation and the MII Code of Ethics & Practice. |
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Demonstrates self-awareness and resilience to ensure the needs of the parties can be facilitated. |
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Overall Rating (please circle one): 1 2 3 4 5