Comments on: Mediator Certification

By: The log in your eye: eliminating gender bias in mediator performance evaluations — Mediation Channel

Mon, 17 Aug 2009 16:44:51 +0000

[...] discussion, here and on other blogs (including Tammy Lenski’s, Vickie Pynchon’s, F. Peter Phillips’s, and Philip [...]

By: Nicola Giudice

Nicola Giudice — Wed, 05 Aug 2009 12:28:53 +0000

I think we should think about the meaning of “certification”.
Is the certification linked to an assessment? What does this assessment is about? (experience, skills, professional backgound, etc.) Does the candidate have to pay for this certification? Who does certificate? Is it an institution or a private center?
As you probably understand, all this conditions may vary the real meaning of the certification.
As far as my personal experience is concerned, what is very important, in Italy at least, is an assessment procedure focused to select mediators from thousand of possible candidates.

By: Bill Frank

Bill Frank — Wed, 29 Jul 2009 14:24:27 +0000

As a relative newcomer to the mediation “business,” I have been following the various posts and discussions in the Blogs about Certification with a lot of interest (so of it self-interest of course). Your post and Diane Levin’s excellent post should be required reading and the requirement should be to also read a number of the articles Diane points to as well (I have only downloaded them or scanned them at this point, but I will read them).

As a person that is a member of a profession that has long been licensed by the state, no I am not a plumber but a lawyer, state licenses can only go so far. Initially, there is a reason a legal carrier is referred to as the “practice of law.” It takes years of experience to become a good, as opposed to excellent, lawyer. That is why there are some successful lawyers and many who are less so. Even continuing legal education can only add so much to a person keeping up their skill set. it is something you have to do to get good at.

For a new mediator, this is a serious part of the dilemma. “I can’t get jobs as a mediator unless I am experienced and I can’t get experience because no one will hire me.” When I looked to start this phase of my carrier, the first thing I did was to sit down and talk to a few of my long time friends that have made a name for themselves as ADR specialist lawyers. Everyone had the same advice. You need to give it away before you can sell it. That meant in general volunteering with court sponsored mediation programs. As Diane noted in her article, the entrance level is low for many of these and your 40 hour mediation course will likely be enough to get you in the door. On the local level, the cases tend to be pro se and have a low dollar value. However, the human level of these cases is often high, especially where someone is being evicted from their home. While not everything you learn or do from these community type or state court cases will translate to the “big buck” commercial case, they will give you confidence in your skills and also give you an opportunity to try different techniques as you deal with different personalities.

From my view I see some form of “certification” as a good thing, but there also must be a path to enable new people to enter the gates.

By: F. Peter Phillips

F. Peter Phillips — Tue, 28 Jul 2009 19:09:52 +0000

Thanks for your kind reply. I’m a big fan of the way you think and feel privileged that you would even notice. I’m just concerned that this is a solution in search of a problem.

By: Diane Levin

Diane Levin — Tue, 28 Jul 2009 18:55:30 +0000

Peter, I appreciate your kind words - and the terrific analogy drawn between Noah’s ark and certification. I share your concerns that too many will be left outside in the rain when we close the door, as well as whether “certification” truly offers any protection at all against the coming deluge. At the same time, I am concerned about those trainees who, despite my clear admonitions, leave the mediation trainings I have taught with their business cards already printed. This has prompted some to insist that we better hurry to fend off a flood of incompetent practitioners. It’s a thorny issue, truly - but it is of such great consequence that it merits cautious treatment and reasoned deliberation supported by evidence, not conjecture. The flood waters aren’t rising yet - there’s time for us to be thoughtful about this.

We have need of common sense in these debates - I’m glad you’ve joined the discussion. Thanks again so very much!