As a professional mediator in Albuquerque, I like others always strive for personal excellence, and continued professional development. This blog discusses the essential qualities of a good mediator, as identified in the Model Standards and by practitioners.
To identify the essential qualities of a good mediator, there is probably no better place to start than the Model Standards of Conduct for Mediators (2005), prepared by the American Arbitration Association, the American Bar Association's Section of Dispute Resolution, and the Association for Conflict Resolution. The Model Standards require the following of mediators:
To identify the essential qualities of a good mediator, there is probably no better place to start than the Model Standards of Conduct for Mediators (2005), prepared by the American Arbitration Association, the American Bar Association's Section of Dispute Resolution, and the Association for Conflict Resolution. The Model Standards require the following of mediators:
1. follow the basic principle of party self-determination (although balancing that against the mediator's duty to conduct a quality process, see below);
2. follow the basic principle of impartiality, meaning freedom from favoritism, bias or prejudice, or appearance thereof ;
3. avoid any conflict of interest or appearance thereof, including inquiring into, disclosing and withdrawing due to any conflict of interest or appearance thereof;
4. exercise competence in training, experience, skills, cultural understanding and any other qualities germane to the mediation;
5. maintain the parties' confidences;
6. provide a quality mediation process by conducting the mediation in a manner that promotes diligence, timeliness, safety, presence of the appropriate participants, party participation, procedural fairness, party competency and mutual respect among all participants;
7. be truthful, not misleading in any advertising, solicitation, or other communication about qualifications, experience, services and fees;
8. disclose true and complete information about mediation fees, expenses and charges; and
9. work to advance the mediation profession, such as through education, fostering diversity, mentoring, or providing reduced rate or pro bono services.
The Society of Professionals in Dispute Resolution (SPIDR) have passed similar Standards of Practice for "All other Conflict Resolution Professionals" (1986). SPIDR does add, however, the elements of informed consent and promptness, emphasizing the neutral's obligation to "assure that all parties understand" the nature of the process and the roles and relationships of the parties and neutral, and also to expedite the process.
Victoria Pynchon of She Negotiates blogging fame begins with these principles, emphasizing party self determination, impartiality and confidentiality as the crucial trifecta, in a recent LinkedIn discussion.
Other experts have expanded upon the Model Standards' essentials. Christopher W. Moore, in The Mediation Process: Practical Strategies for Resolving Conflict, 2d Ed. (1996 Jessey-Bass), proposes the following:
- trustworthiness and ability to motivate people to disclose confidential information;
- mediation experience;
- good listening skills;
- good people skills;
- ability to understand the law and facts;*
- problem solving skills;
- flexibility;
- strong negotiating skills;
- patience;
- leadership qualities;- good management skills;
- good business sense; and
- a sense of humor.
Bennet G. Picker, in Mediation practice Guide: A Handbook for Resolving Business Disputes (1998 Pike & Fischer), recommends the following:
- some knowledge of the issues at stake;
- conflict assessment experience;
- effective interviewing skills; and
- ability to "connect" with the stakeholders.
And, I am sure, many learned practitioners have their own lists as well. For me, these capture my own "essentials" well enough. If you are interested in mediation services , please feel free to contact Pilar Vaile, P.C. at (505) 247-0802, or info@pilarvailepc.com for more information on our experience, training and qualifications.
Notes:
* There is considerable debate in the ADR community whether lawyer or non-lawyer mediators bring more to the table. I am a lawyer and tend to agree knowledge of the law is often exceedingly helpful if not necessary, depending on the subject area. Certainly, I have yet to conduct a mediation in which no comprehension of legal principles was called for at all. That said, I've seen a number of skilled mediators who had the requisite good sense and comprehension, who were not lawyers.
