International Mediation Institute

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9th National Mediation Conference Mediation
Transforming the Landscape Perth, September
10-12, 2008

• International Mediation Institute
• www.IMImediation.org
• Irena Vanenkova
• Operations Director, International Mediation
  Institute, The Hague

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Overview

• About
• Need
• Update
• Scheme
• Value
• Improvements

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About IMI

• Foundation
• Board
• Independent Standards Commission
• Advisory Council
• Vision, Mission
• Need
• Challenges
• Funding

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The IMI Foundation
About IMI

• Registered in The Hague as a stichting
• Offices in the International NGO building
• Founding Institutions
• AAA, NMI, SMC/SIAC - providers of initial
  funding
• Directors Wolf von Kumberg (Chair - Northrop
  Grumman Corp)
• Nominees of Founders (6)
• Independent Standards Commission
• Prof. Tommy Koh (Chair)
• Judith Meyer (Vice-Chair)
• Michael McIlwrath (Vice-Chair)
• Advisory Council

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The IMI Foundation
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

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Vision
About IMI

• Generate enhanced confidence in mediators
• and
• improved understanding of mediation
• in order to
• position mediation as the preferred dispute
  resolution process globally
• and
• make a significant contribution to the
  advancement of international peace and harmony

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Mission
About IMI

• Several global-scale goals
• Set transparent, competency standards
• All styles of mediation
• 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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Funding
About IMI

• IMIs Funding will be derived from
• Public institutional Rule of Law funds
• Corporate benefactors
• Specific initiative funding
• Training Scholarship Program
• Experience Scholarship Program
• Emerging Market Mediator Center establishment
• 24/7 Ethical Guidance Service
• Peer-to-Peer Systems
• Website costs will be covered by
• Nominal Web Portal Support Fee
• ?125 (185 or 100)

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Challenges
About IMI

• Many types
• Business, Community, Family, Political, etc
• Many styles
• Facilitative, Evaluative, Transformative, Hybrids
• Different cultural/legal expectations
• Huge variety in how mediation is practiced
• Mediators not organized internationally
• Nor, often, nationally

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Overview

• About
• Need
• Update
• Scheme
• Value
• Improvements

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Need

• The 4 stages of organizational evolution

Grow
Develop
Establish
Plateau
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Need

• The 4 stages of organizational evolution

Grow
Develop
Establish
Plateau
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Need
Establish
Plateau
Develop
Grow
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Grow more
Market Expansion
Develop more
Consolidate
Develop
Grow
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Need

• From a Demand Perspective
• Anyone can call themselves a mediator
• Mediator competency varies considerably
• So do training programs
• Need minimum standards of mediator competency
• Applicable globally
• While keeping the practice of mediation adaptable
  to local needs
• Other basic professional qualities also needed
• Ethics
• Disciplinary action
• CPD

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Need

• From a Supply Perspective
• Mediation is not yet a true profession
• At best an Emerging, Vicarious or Mongrel
  profession
• Professional Status needed for long term growth
• IAM, ACCTM are best of breed bodies
• But without competency standards
• Regulation is on its way
• NADRAC, ADRIC, CMC, Belgium, European Parliament
• Mediators are not well-organized in most
  countries
• Many are sole practitioners competing providers
• Some are not on any Institutions panel
• Many are on multiple Institutions panels

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Need

• Lack of competency standards blocks progress
• Complete user trust in mediator competency is
  fundamental
• There are other blockages, but this is the big
  one
• Certification has been pioneered in Holland
• And a few other countries - but not many
• Appreciated by mediators, valued by users
• We need to act!
• Dont wait for regulation to be imposed
• Self-control is the way forward

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Overview

• About
• Need
• Update
• Scheme
• Value
• Improvements

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Update

• International Consultation
• Initial Scheme Design
• Further Consultation
• Scheme Outline defined
• Reactions

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Reactions
Update

• Widespread support from Users
• Mixed reactions from the supply side
• success cannot be measured
• quality cannot be quantified
• performance cannot be assessed
• value cannot be calibrated
• parties ill-equipped to make judgments
• US credentialing attempts all failed so will
  you

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Reactions
Update

• Mixed reactions from the supply side
• too complex
• yet another cost
• bureaucratic and burdensome
• wheres the demand
• mediators should set their own standards
• let the market decide
• people know whos competent
• it aint broke, so dont fix it

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Reactions
Update

• Competency, like truth, beauty
• and contact lenses, is in the eye
• of the beholder
• The Peter Principle

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Reactions
Update

• Distinguish market info from testing
• Give mediators a choice how to present their
  skills
• Government regulation?
• European Parliament call for regulation
• Status Quo?
• Standards and criteria vary enormously
• Users are bewildered
• No transparency
• Word of mouth
• Gossip and anecdote
• Users are wary of self-congratulatory marketing

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Reactions
Update

• Some mediators see the huge positives
• The glass is half full
• By doing it ourselves we control how it develops
• Transparency offers users an informed choice
• Feedback in a suitable form is credible
• More users will trust respect mediation
  mediators
• The market will expand
• Mediation can be seen as a profession
• But we must act like a profession
• Put competitive pressures aside on this issue

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Overview

• About
• Need
• Update
• Scheme
• Value
• Improvements

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The Scheme

• To be IMI Certified, a Mediator must
• Prove their competency via testing
• Roleplay performed by actors
• Written test
• Interview
• Independent Assessors
• Applying common benchmarks set by IMI
• Candidates can choose style
• Facilitative, evaluative, transformative
• Appoint Reviewer place Profile on IMI Portal
• Complete with Feedback Digest

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Grandfathering Window
The Scheme

• For experienced commercial mediators only
• No need to take the certification test
• Appoint Reviewer place Profile on IMI Portal
• Complete with Feedback Digest
• Requirements
• Member of Panel selected based on competency, or
• Two references from prior users, or
• Have already passed an approved competency test

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Intercultural Certification
The Scheme

• For experienced commercial mediators
• Not necessary to have passed the Certification
  test
• Requires course in intercultural cooperation
• Configured to the mediation process/roleplays
• Understanding of the main theories of cultural
  relativism
• Specialist training and assessment
• Experienced cross-cultural trainers and mediation
  trainers
• Involving acted roleplay, written test and
  interview

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Other Issues
The Scheme

• Certified Mediators must appoint a Reviewer
• Free choice - individuals or institutions, must
  be independent
• Reviewer prepares/updates Feedback Digest
• Also provides support on selecting appropriate
  CPD
• Only Certified Mediators may post their Profile
• Mandatory and optional fields

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Overview

• About
• Need
• Update
• Scheme
• Value
• Improvements

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Value for 7 Wheels of Traction

• Disputants/Users Professional Firms
• Mediators
• Dispute Resolution Providers
• Trainers
• Judiciary and Arbitrators
• Governments NGOs
• Educators

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Value for Disputants/Users Professional Firms

• Open access to a single Portal
• Transparent, credible impartial feedback
• Greatly reduces selection risk and time
• Inbuilt motivation by mediators to lift standards
  
• Less reliance on word of mouth/prior experience
• Expands choice and options
• Access to worlds top mediation bodies
• For training, administered mediations, other
  services
• Demand-led initiative - efficient, cost effective
• Recognized ethics code/complaints process

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Value for Mediators

• Credible marketing at a negligible cost
• 125 Reviewer cost (if any)
• Independent recognition of high quality
• Accessibility to vast number of Users
• Gets real prior user feedback to future users
• Reduces effect of gossip/one-off negative comment
• Active role in professionalizing mediation
• Transportable qualification worldwide
• Participation in global thought leadership
• Reduce risk in being inappropriately regulated

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Value for Mediation Providers

• Independent endorsement of high quality
• Extend reach internationally
• Nominate Panel members for IMI certification
• Benchmark Panelists against global criteria
• Be appointed as a Reviewer
• Be featured/linked on IMI Portal

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Value for Trainers

• Independent endorsement of competency
• Prepare candidates for IMI certification
• Opportunity to be appointed a Reviewer
• Benchmark training against global criteria
• eg separate assessors from trainer
• Be featured/linked on IMI Portal

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Value for Judges/Arbitrators

• Easier to refer parties to mediators
• by competency standards
• Expand referral options
• facilitates Court-annexed schemes

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Value for Governments/NGOs

• Increases belief acceptance of mediation
• Underpins Court-annexed schemes
• Low cost complement to existing systems
• Increases user confidence in justice system
• Applicable to disputes between nations
• Reduces need for competency regulation

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Value for Educators

• Engage in global thought leadership
• Participate in new tools/best practice

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Overview

• About
• Need
• Update
• Value
• Scheme
• Improvements

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Improvements

• Implementing Materials
• (not including testing aspects)
• Experience Qualification (Grandfathering) (Doc 2)
• Mediator Profile (Docs 3 4)
• Feedback Digest Guidelines (Doc 5)
• Guidelines for Appointing a Reviewer (Doc 6)
• Feedback Request Form (Docs 7 8)
• Code of Ethical Conduct (Doc 9)
• Ethical Conduct Assessment Process (Doc 10)
• (Complaints Procedure)

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Improvements

• Breakout Groups
• Group A
• Experience Qualification (Grandfathering) (Doc
  2)
• Mediator Profile (Docs 3 4)
• Group B
• Feedback Digest Guidelines (Doc 5)
• Guidelines for Appointing a Reviewer (Doc 6)
• Feedback Request Form (Docs 7 8)
• Group C
• Code of Ethical Conduct (Doc 9)
• Ethical Conduct Assessment Process (Doc 10)

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• International Mediation Institute
• www.IMImediation.org