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Module 5: Module Notes: Facilitation Through Mediation

In the solution identification stage, the mediator is called to bring forth the best in the parties to resolve the dispute before them. The mediator must begin to move the parties toward identifying areas that are of common ground for the disputants, and begin to have the parties identify possible solutions. In addition, the areas of conflict become better defined. If the parties cannot find a solution themselves, it is up to the mediator to identify solutions, based upon the information given by the parties.  To accomplish this, the mediator must ask questions.  It is likely each party will have an idea of how to solve the problem.  The mediator provides communication and discourse between the disputants that was likely not there before. As the mediator is acting as a neutral party, asking probing questions, and suggesting solutions that work for both parties, this process is also known as facilitation. The end goal is to arrive at terms that both parties agree to. The mediator must be aware of their own predisposition to remain within the bounds of the mediation process and utilize the mediation style that best suits them and the session.

In the previous module, you examined what might be your own implicit bias, as well as investigated your own personality in module one. 

Module 5: Module Notes: Licensing Considerations and CDRCs

Three businessmen in discussion. Pando Hall. (n.d.). Getty Images [Photograph]. Retrieved from http://www.gettyimages.com/license/200021835-001

Please read the following report: Southern California Mediation Association [PDF, file size 81.9 KB]

In New York State, for a person to practice law (lawyers or attorneys), one must have completed a predetermined amount of formal law school education, pass the bar exam, and then apply for admission to the state court’s bar.

Contrary to the process for a practicing attorney, mediators are certified to serve a CDRC in coordinated mediations only and without licensing. Practitioners, however, are moving to recognize mediation as a true profession. With that comes the issue of controlling the field, as credentialing ultimately brings with it another set of standardized values, such as education and experience.

Compared to the real estate industry, the licensure of a mediator may follow a similar process one day. One may acquire a real estate license by taking a course, followed by an exam, obtain the minimum required education, and pay the appropriate fees to acquire a real estate license. This still does not allow the individual the authority to act as a selling or listing agent. They must work under a licensed real estate brokerage firm. Mediator certification may benefit from recognizing the regulations for real estate licensing and adapting CDRC system requirements to that of a licensed real estate brokerage firm.

A CDRC is recognized by and receives financial support from the Office of Court Administration (OCA). The CDRC abides by the regulations set forth by the Court Administration and is overseen by the Community Dispute Resolution Office of OCA (the keeper of the Standards that have been applied throughout this course). The CDRCs train volunteer mediators and staff with a 30-hour basic mediation course. Dependent upon special mediation matters, additional training may be required for mediators. After receiving basic training, mediators are subject to an apprentice period. Upon successfully completing the probationary period, they are technically eligible to begin mediating on behalf of the CDRC.

The CDRC staff is responsible for the coordination of a mediation, arranging the intake of parties and assigning a mediator to facilitate the process. In the event a mediator wishes to practice outside of the CDRC, the CDRC does not protect that individual from any malpractice or possible liability concerns. The CDRCs are essentially adhering to the Standards on an honor system and the MEAC Opinions studied thus far are advisory in nature. If, over time, a CDRC has a poor record of accomplishment with educating mediators about the Standards and the importance of the quality of process, they may lose their funding from the OCA. This dynamic is dependent upon mediators working appropriately and responsibly under the supervision and control of a CDRC.

Reference

  • Southern California Mediation Association. (2013, November 2). Southern California Mediation Association ad hoc committee on Mediator regulation or certification report. Retrieved from http://www.scmediation.org/wp-content/uploads/2013/10/AHC-White-Paper1.pdf

[Solved]Module 5: Learning & Assessment Activities

Listening

During this module you will:

Read:

View:

Discuss:

  • M5D1: Mediation Regulation or Certification?
  • M5D2: Reframing

Submit:

  • M5A1: Facilitator Opening Statement and the Real Issue
  • M5A2: Active Listening Exercise

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