Criteria for Assessment
The Assessment Criteria
After fulfillment of the minimum eligibility, the neutrals are assessed on the following grounds amongst others.
The Neutrals are assessed on the following criteria.
1. Neutral's Experience
2. Arbitration or Mediation Knowledge
3. Skills
4. Program Transparency
5. Program Integrity
6. Ongoing monitoring of Programs
7. Commitment to Diversity
General Knowledge Requirements
The following areas of practical skills are required for effective mediation advocacy. The list is offered as guidance.
Knowing when mediation may not be a suitable process to address particular issues.
Identifying procedural options and preferred processes for reaching optimal outcomes.
Knowledge of hybrid dispute resolution processes (e.g., Arb-Med, Med-Arb, Arb//Med, Med-Con, Med//Con, MEDALOA) and their potential advantages and drawbacks in different circumstances.
Understanding and applying the best timing for each Dispute Resolution process.
Understanding of the nature, theory, procedure, practical application, methodology, appropriateness, benefits and disadvantages of the prevalent types of mediation, schemes or programmes, procedural rules and pertinent costs.
Knowledge of negotiation and solution-generating processes, as well as party and participant dynamics, as contextualised by the choice of mediation process/vehicle.
Understanding of the role of a mediator, and the palette of mediator methodology, psychology, core training, and practices.
Knowledge of relevant laws affecting mediation practice including structure and enforceability of mediation agreements (where relevant), confidentiality and privilege /professional secrecy, and structure and enforceability of settlement agreements.
Familiarity with methods of formulating solutions, including assessing alternatives (BATNA, WATNA, PATNA, RATNA [3] & preparing client and self for joint/caucus mediation meetings.
Ability to assist parties in separating interests from positions.
Ability to seek and understand the motivations behind individual positions as distinguished from the issues in dispute.
Familiarity with techniques like questioning, summarizing, (active/effective) listening, framing and re-framing, reformulating, reflecting and paraphrasing.
Ability to make strategic choices that can help strike a balance between positional claims that advocate the clients’ interests and creating value based on interests.
Familiarity with cross-cultural settings and dynamics.
Understanding of cross-border and multi-cultural mediation paradigms.
Ability to adapt procedural parameters when dealing with multi-party or complex cases involving numerous participants.
Understanding of professional and ethical standards and behaviors, and the use of ethics in generating, informing and/or setting norms.
Ability to draft settlement agreements as discussed by the parties to the mediation.
Ability to understand and interpret settlement agreements and procedural options.
Ability to explain the nature, theory, procedure, practical application, methodology, appropriateness, benefits, advantages and drawbacks of prevalent types of mediation within or between relevant jurisdictions, court-connected mediation schemes, ad-hoc or institutional procedural rules, applicable costs, and professional applicable professional ethics codes.
Knowledge of problem-solving, interest-based negotiation techniques.
Knowledge of the distributive (adversarial) approach to negotiation, in addition to the problem-solving (interest-based) approach and knowing when and why to apply each. Knowing how to avoid and counter unhelpful adversarial attitudes, behavior and language.
Knowing how to use techniques for productively supporting the parties, their representatives, the mediator and the process, and using the mediator and the process effectively to generate a mutually accepted outcome.
Knowing how to effectively communicate with the mediator, prior to, during and after the mediation sessions.
Common Criteria for the Assessments
The assessment of neutrals or mediators involves evaluating their qualifications, skills, and performance to ensure they meet certain criteria for competence and effectiveness in providing dispute resolution services. Here is a description of the common criteria used to assess neutrals or mediators:
Education and Training: Neutrals or mediators should have received comprehensive education and training in mediation or alternative dispute resolution (ADR). This includes completing recognized mediation training programs that cover essential topics such as conflict resolution techniques, communication skills, negotiation strategies, ethics, and applicable laws or regulations.
Experience: Assessment often takes into account the mediator's practical experience in handling disputes. This includes the number of cases mediated, the complexity of those cases, and the range of issues addressed. Mediators with a diverse and extensive track record demonstrate their ability to handle different types of conflicts effectively.
Knowledge and Understanding: A competent neutral or mediator should possess a deep understanding of mediation principles, techniques, and processes. They should be well-versed in the legal framework and regulations related to mediation in their jurisdiction. Additionally, mediators specializing in specific fields, such as family law, business disputes, or workplace conflicts, should have in-depth knowledge of relevant industry practices and regulations.
Communication and Interpersonal Skills: Effective communication is paramount in mediation. Mediators should demonstrate excellent listening skills, the ability to ask probing questions, and the capacity to facilitate productive discussions between parties. They should be skilled at managing emotions, resolving conflicts, and ensuring that each party's perspective is heard and understood.
Neutrality and Impartiality: Neutrality is a fundamental principle in mediation. Mediators must be unbiased and impartial, refraining from favoring any party involved in the dispute. Assessment criteria should evaluate a mediator's ability to maintain neutrality throughout the process, ensuring that all parties feel heard and respected.
Problem-Solving and Creativity: A skilled neutral or mediator should be adept at identifying underlying issues, exploring creative solutions, and helping parties find mutually agreeable outcomes. They should possess strong analytical and problem-solving skills to guide parties towards resolution and facilitate brainstorming sessions to generate innovative ideas.
Ethical Conduct: Mediators should adhere to high ethical standards and professional codes of conduct. Assessment criteria should evaluate a mediator's ethical conduct, confidentiality practices, and their commitment to maintaining the integrity of the mediation process.
Cultural Competence: Mediators working in diverse settings should demonstrate cultural competence. This includes having an understanding and appreciation of different cultural norms, customs, and communication styles to ensure inclusivity and respect for all parties involved.
Professionalism and Integrity: Assessments should consider a mediator's professionalism, punctuality, preparedness, and ability to maintain confidentiality. Mediators should display a commitment to ethical behavior and act in the best interests of the parties seeking resolution.
Continuous Learning and Development: A competent neutral or mediator should demonstrate a commitment to ongoing professional development. This can include participation in advanced training programs, attending conferences, and staying updated on emerging trends and best practices in the field of mediation.
By evaluating neutrals and mediators based on these criteria, assessment processes aim to ensure that professionals meet the necessary standards of competence, professionalism, and effectiveness in providing dispute resolution services.
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