Originially from: World Arbitration and Mediation Review (WAMR)

Establishing and Defining Mediator Qualifications
by Norma Jeanne Hill
As Alternative Dispute Resolution (ADR) develops, the question
of who is qualified to provide mediation services becomes more critical
and difficult to answer. The evaluation of selection standards and
techniques should take costs and effectiveness into account as well as the
possible discriminatory impact upon individuals with different cultural
backgrounds or mediation styles.
Introduction
The kinds of qualifications that should be required of courtappointed
and private mediators is one of the most hotly-debated issues in
the field of ADR. Although some type of certification procedure is
becoming indispensable—for purposes of professionalism and for reasons
of the public interest—considerable uncertainty exists as to the content
and the method of applying selection requirements. There is no set of
universally agreed-upon requirements for entry into the field of mediation.
Practical training, experience, and university degrees, however, are
generally seen as relevant to determining mediator competence and the
likelihood of success.
Basic requirements would contribute to promoting the credibility
of mediators. This is especially true in the setting of court-annexed
mandatory mediation programs, but also is pertinent in circumstances in
which the parties have the prerogative of choosing their mediator in the
private market. There, the parties may have too many choices, lack
appropriate information, or be unable to make suitable judgments for a
variety of circumstantial or individual reasons.
Similar to a state licensing procedure, a certification system would
require applicants to satisfy specified requirements in order to hold
themselves out as certified mediators. Unlike a licensing procedure, a
certification system would be voluntary. A mediator could still practice in
the state without obtaining a certificate. A certification system would
thereby provide for consumer protection while not necessarily
constraining the variety of mediation services that might be available to
the public. Mediators, however, would have an incentive to seek
certification to assure clients of their qualifications.