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International Mediation Institute International Mediation Institute
Mediation Symposium Ankara, November 5-6, 2009 IMI Certification International Mediation Institute Irena Vanenkova Executive Director International Mediation Institute
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The future belongs to those
who prepare for it today Malcolm X ( )
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to Mediation as a Global Profession
The Keys to Mediation as a Global Profession 7 Q U A L I F I C A T I O N S U N D E R S T A N D I N G A C C E P T A N C E L E A D E R S H I P I N S P I R A T I O N T R A N S P A R A N C Y Y A R D S T I C K S
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to the Global Future of Mediation
The Keys to the Global Future of Mediation 7 Q U A L I F I C A T I O N S U N D E R S T A N D I N G A C C E P T A N C E L E A D E R S H I P I N S P I R A T I O N T R A N S P A R E N C Y Y A R D S T I C K S
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To practice as a mediator (in almost all countries) involves…
Q U A L I F I C A T I O N S To practice as a mediator (in almost all countries) involves… No initial educational requirements No license to practice No Continuing Professional Development No independent testing No vetting of skills No self-regulation Standards set by mediation providers vary widely Most standards are not published
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And… No uniform Code of Ethics/Conduct Few disciplinary processes
Q U A L I F I C A T I O N S And… No uniform Code of Ethics/Conduct Few disciplinary processes Put another way… Mediators have resisted definition, categorization Mediators regard mediation as magic, an art form - See themselves as magicians, artists The market seems too balkanized for quality standards - The status quo too difficult to change
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Training There are many trainers, and many good ones
Q U A L I F I C A T I O N S Training There are many trainers, and many good ones - But too many disparate offerings Mainly basic or familiarization training - Very little advanced training Judicial panels typically require 4-40 hours - Few accreditations/certifications/other qualifications - No uniform assessment - Little real quality control
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As a result… Providers typically do not have admission standards
Q U A L I F I C A T I O N S As a result… Providers typically do not have admission standards - Or, if they do, they do not publish them Users are left to rely on the unknown - Hearsay, reputation, references Mediation lacks a credible technical foundation
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What Mediation needs is credentialing qualifications…
Basic uniform qualifications - accreditation - Minimum training standards - Basic standards - Independent assessment - pass/fail Advanced uniform qualifications - certification - Post-experience qualification - High standards - Independent assessment
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Understanding must precede acceptance
- Much better promotion of the field needed to users The US began the Silent Revolution - The rest of the world is inheriting the status quo - And will now professionalize mediation National certification schemes are appearing fast - All seek to certify competency & to professionalize - All try to promote confidence in mediation/mediators
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Article 4 - EU Mediation Directive
U N D E R S T A N D I N G A C C E P T A N C E Article 4 - EU Mediation Directive Member States shall encourage: By any means they consider appropriate the development of and adherence to voluntary codes of conduct by mediators and organizations providing mediation services, as well as other effective quality control mechanisms concerning the provision of mediation services 2. The initial and further training of mediators in order to ensure that mediation is conducted in an effective, impartial and competent way in relation to the parties.
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U N D E R S T A N D I N G A C C E P T A N C E England & Wales
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U N D E R S T A N D I N G A C C E P T A N C E Australia
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U N D E R S T A N D I N G A C C E P T A N C E The Netherlands
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U N D E R S T A N D I N G A C C E P T A N C E
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Most professions have a single national focal point
D E R S H I P I N S P I R A T I O N Most professions have a single national focal point Mediation in US has numerous national focal points ABA Section ACR CPR Academy of Family Mediators IAM/ACCTM Global InterMediation Similar pattern in UK, Switzerland, France, elsewhere They are not joined up, nationally or internationally - No common practice or training standards - No common assessment standards/credentialing - Creates considerable confusion for users
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PAST INITIATIVES Task Forces on Mediator Credentialing
H I P I N S P I R A T I O N PAST INITIATIVES Task Forces on Mediator Credentialing ABA /02 ACR 2003/03 Conclusion - fragmentation of practice inhibits progress Consigned to the “too-difficult” or “not now” box Status Quo = Nothing significant has happened to date User is left to figure it out
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Progress stymied by a combination of: Lack of a single focal point
H I P I N S P I R A T I O N Progress stymied by a combination of: Lack of a single focal point Absence of leadership acceptable to all stakeholders Nationalistic navel-gazing Complacency “not broken, don’t fix” Apathy “who cares” Fear “will I need to do anything” Feudalism “I don’t want to re-open my market” Intolerance “that’s not mediation!” Failure to think globally and in a “flat world” “Balkanization” of practice + bureaucracy Lack of global exchanges/interest in best practices
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Inspiration Must inspire users of mediation services
L E A D E R S H I P I N S P I R A T I O N Inspiration Must inspire users of mediation services - Generate their real understanding of the process - Impart a strong sense of professionalism - Create genuine trust in mediators (“transparency”) - Credible, helpful promotion - Encourage parties to praise/value the process Develop “selective pressure” on enhancing mediator skills Mediation as part of negotiation or business training Broaden the range of ADR skills of mediators Integration of mediation into a broader range of activities
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Trust is dependent on transparency - Opacity kills credibility
Yet mediation takes place in private - Confidences must be protected Providers must encourage greater transparency - Make skills/experience of panel transparent - Share that knowledge with users Mediators must make personal skills transparent - But not via self-congratulatory claims - Via Feedback
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Change is the law of life. Those who look only to the past or present
are certain to miss the future President John F. Kennedy ( )
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International Mediation Institute
The goals of IMI are to establish: High quality standards for mediators worldwide IMI Certification as a hallmark of quality Transparency via feedback An open search engine to find Certified mediators Enhanced understanding of mediation Global growth in mediation acceptance and use Friends and Colleagues, Ladies & Gentlemen, Thank you very much for inviting me, in my capacity as operations director of the International Mediation Institute, to explain the IMI initiative to you. As with anything new, it can easily be misunderstood. So I hope you will allow me a moment to practice the wisdom of one of the most innovative designers of modern times, a great American architect, someone who spent his life placing things in their correct position so they may be better appreciated - Frank Lloyd Wright…
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improved understanding of mediation
About IMI Vision Generate enhanced confidence in mediators and improved understanding of mediation in order to position mediation as the preferred dispute resolution process globally make a significant contribution to the advancement of international peace and harmony
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Mission Several global-scale goals:
About IMI Several global-scale goals: Set transparent, competency standards All styles of mediation High standards, high quality User accessibility Aid best practice sharing Consistent with forging a global profession Promote the use of mediation To potential users
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Challenges Many types Many styles
Business, Community, Family, Political ... Many styles Facilitative, Evaluative, Transformative, Hybrids … Different cultural/legal expectations Huge variety in how mediation is practiced Mediators not organized internationally Nor, often, nationally Some exceptions - eg Australia, The Netherlands Such ground-breaking initiatives on a global scale do not come easily. There are challenges. IMI must accommodate the requirements of the different types and styles of mediation, different cultural considerations, and the fact that mediators themselves are not organized internationally (nor, even, in most countries, nationally). Actually, this is exactly why leadership groups like the UIA World Forum and the International Academy of Mediators are so important.
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timesonline.com - October 19, 2007
The Legal Profession is on the brink of fundamental change Prof Richard Susskind timesonline.com - October 19, 2007
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Maybe we’re just not focusing on the value of our core competencies?
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Any occupation wishing to exercise authority
must find a technical basis for it, assert an exclusive jurisdiction, link both skill and jurisdiction to standards of training and convince the public that its services are uniquely trustworthy and tied to a set of professional norms Harold J. Wilensky Professor Emeritus of Political Science UC Berkeley The Professionalization of Everyone? 1964
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Backgrounder IMI founded in 2007 Independent Standards Commission
Non-profit charitable foundation Does not & will not provide services Founders - AAA, SMC/SIAC, NMI Chair - Michael McIlwrath, General Electric Funded by grants, charitable contributions Independent Standards Commission Chair - Prof Tommy Koh 4 Vice Chairs
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International Mediation Institute
About IMI Not a service provider Will not compete with anyone Not there to limit or confine anyone or anything Not a peak or superior body Entirely non-profit An easy open-access search engine for users A forum for: Promoting Mediation, quality mediators and provider bodies Avoiding duplication of effort/cost
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Evolution Many organizations set high standards
Often (not always!) the standards are opaque Users need transparency IMI Worldwide Consultation Process Reviewed by ISC Feedback on mediators vital for user confidence Feedback Digest the way to go Grandparenting based on members of leading panels
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Evolution Grandparenting opportunity
6 months to June 918 experienced mediators registered Now building their Profiles Required sections include Feedback Digest 227 already have their Profiles online Presented to Key Corporate Users Other user groups to follow 14 LEADR and 3 of which are IMI Certified
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Devolution IMI will not perform any assessments
In line with the Vision and Mission Will approve programs to qualify Mediators In line with defined criteria IMI ISC sets the Criteria/Standards Approve bodies meeting the Criteria Approved bodies may: Qualify mediators for IMI Certification Authorize use of IMI logo Admit qualified Mediators to the IMI portal
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Criteria Experience Knowledge Skills Program Transparency
Program Integrity Ongoing Monitoring Commitment to Diversity More details:
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IMI’s Wider Mission Promoting mediation to users
Mediation and a negotiation/settlement tool Finding the most suitable, competent mediators Inter-Cultural Mediator Certification Only for IMI Certified Mediators Impartial Guidance/information to users eg: Decision Tree Making informative material accessible Videos, roleplays, publications, etc Support for creation/progress of mediation bodies Especially in countries with emerging mediation acceptance
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IMI’s Wider Mission Encouraging experience generation schemes
For newly qualified mediators Assistant Mediation/Co-Mediation Generate Feedback Digests Scholarship programs Enable training in financial hardship cases Promoting innovative mediation eg. Making deals, hybrids Young Mediators’ Forum eg. ICC Mediation Competition
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Measuring EDR Success EDR measured in (1) legal fees and (2) resolution costs Example: Cost Legal Fees Risk/Resolution GE Estimate $200,000 $2,500,000 Costs Using EDR $60,000 $2,000,000 Gross Cost Avoidance $140,000 $500,000 (Multiply Gross by Cost Avoidance Multiplier of 0.25) - Highly conservative Total Cost Avoidance $35,000 $125,000 Total Cost Avoidance for Case = $35,000 + $125,000 = $160,000
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Georgia-Pacific’s ADR Program: A Critical Review After 10 Years
Dispute Resolution Journal, May-July updated courtesy G-P
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Payback AAA research study - 2003 Definition of “Dispute-Wise”
100 Fortune 1000 companies - average $9bn 100 mid-sized companies - average $384m 50 private companies - average $700m Definition of “Dispute-Wise” Lawyers integrated in strategic planning process Management focused preserving relationships Less concern on aggressively litigating all cases Strong inclination to outcomes, achieving certainty Enthusiasm for ADR
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Payback “Dispute-Wise” companies had:
more sustainable relationships with: customers, suppliers, employees, partners shareholders P/E ratios: 28% higher than average of all public companies 65% higher than least dispute-wise companies
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Payback +80% of disputes settle when mediated ACB CEDR
+80% success rates +90% satisfaction rates CEDR 80% Employment 88% Professional Negligence 89% Any cases where Government Agency is a party
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Summary IMI Certification has begun ISC Criteria are published
All Profiles include a Feedback Digest Formal Grandparenting Period is over ISC Criteria are published Organisations are appling to qualify for IMI Certification IMI has a wider mission beyond certification - Mediation in conflict leadership systems - Assistance in finding the right mediators For more details:
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International Mediation Institute
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