INTRODUCTION
The Arkansas Alternative Dispute Resolution Commission has issued
the following curriculum standards to help insure consistent, quality training
for mediators in Arkansas. These guidelines apply to a basic 40 hour mediation
course. Additional topic and skills areas apply to a 20 or 40 hour family
mediation course.
The primary purpose of these standards is to assure that training
courses approved by the Commission train mediators for a specific purpose: to
handle cases referred to mediation from the Circuit Courts of Arkansas. As
such, role plays should be geared to issues that would be heard in the Courts
and special consideration should be given to working within that
context.
Training courses meeting these minimum standards are the starting
point for a beginning mediator. As with other professions, ongoing training and
mediation experience are necessary components to becoming a truly competent
mediator. A mediator who has completed a course offering these beginning and
minimum standards should not automatically be considered a competent
mediator.
The Arkansas Alternative Dispute Resolution Commission
understands that nationally accepted standards for mediation training do not
exist at this time. The Commission has accumulated and evaluated commonly used
training guidelines regarding mediation theory, knowledge, and skills in order
to compile these standards. The Commission retains the right and expectation to
update these standards as the mediation field matures and the Commission sees
fit.
There are nine minimum areas of information which must be covered
in a basic 40-hour training program:
1.
History of
Mediation. Rationale: Mediation has evolved over
time and continues to evolve today, trainees need an understanding of the
historical perspective.
2.
Overview of ADR Legislation in Arkansas.
Rationale: Trainees must be introduced to the key aspects of
legislation that have relevance to the practice of mediation in order to be
able to comply with relevant legal requirements.
3.
Conflict
Resolution Theory. Rationale: This information
must help trainees differentiate between mediation and other forms of dispute
resolution.
Topics which must be included in this area are:
a. Definition, types of, and responses to
conflict
b. Dispute resolution
continuum
c. Win/win collaborative
problem solving
4.
Mediation Theory and Practice.
Rationale: Trainees need a theoretical grounding to understand
the process fully. Trainees must understand a full range of mediation models in
order to serve the parties most effectively.
Topics which must be included in this area are:
a. Definition of mediation and
characteristics of mediators
b.
Theory of Mediation
c. Benefits of
mediation process
d. Differences in
the roles: judges, mediators, and arbitrators
e. Range of styles, types of mediators and
mediations
5.
Court Process.
Rationale: Knowledge of the court process will help a trainee
serve parties more effectively by being able to help parties more effectively
evaluate options.
Topics which must be included in this area are:
a. The route and manner in which a case is
referred to mediation
b. The
consequences of a mediated agreement as well as failure to reach an
agreement
c. State rules, statutes,
and local procedures governing a particular type of mediation program
d. Knowledge of the various types of disputes
which may arise in a particular type of mediation program
e. The difference between post-filing and
pre-filing mediation.
6.
Mediation Process and Techniques.
Rationale: Trainees must have a conceptual framework for
conducting the session. Trainees must also be taught key techniques to assist
in managing participation, structuring the session and establishing a
cooperative problem-solving environment.
Topics to be included in this area are:
a. Mediation Process
Preliminary arrangements Opening and structuring the mediation
session Introduction/orientation of disputants/attorneys Gathering and
exchanging information
(presentation of situation by each party) Issue and problem
clarification Generating options Bargaining and negotiation Agreement
writing/enforceability Closure
b. Techniques
Trust building
Restating and clarifying
Keeping on track, following agenda, managing process
Focusing on interests vs. Positions
Building on partial agreements
Caucusing
Reality testing
Working with third parties
Managing difficult people or strong emotions
c. Confidentiality
7.
Self- Awareness
of Trainee. Rationale: Trainees must understand
personal characteristics or biases that might influence their ability to
perform effectively as a mediator.
Topics to be addressed include:
a. Diversity/cultural awareness (personal
biases)
b. Language
differences
c. Conflict
style
d. How the trainee responds
to conflict
8.
Ethics.
Rationale:
Trainees must understand ethical principles with which to make informed choices
which support the effectiveness and credibility of the mediation process.
Topics to be addressed include:
a.
Requirements for the
Conduct of Mediation and Mediators
(Arkansas
standards)
b. Power
imbalances
c. Liability
9.
Arkansas Legal System-
Rationale: Trainees must have a basic understanding of the Arkansas legal
system and processes.
Topics to be addressed include:
a. Overview of the Arkansas court system.
1. Structure of court system; must include
explanation of the role and organization of district courts, circuit courts,
and appellate courts.
b.
Basic overview of the initiation and resolution of lawsuits.
1. Explanation of fundamental concepts and
terms such as complaint, answer, discovery.
2. Identification of court personnel,
attorneys, parties, and others who may play some role in a lawsuit.
c. ADR statutes and case law.
1. Where no case law exists, examples will be
given of how other states have addressed issues
d. Compare and contrast the state and federal
court systems as it pertains to mediation.
1.
Clarify the different use of terms that are used for both state and federal
courts, but may have different meanings.
Family Mediation- Additional
Topics- Rationale: To be effective mediators for
persons experiencing divorce, a mediator must have knowledge and skill
regarding specific family issues.
Topics to be included are:
a. Psychological issues in separation and
divorce and family dynamics
b. The
needs of children in divorce
c.
Arkansas Family Law as it relates to family mediation
d. Family Economics
e. Awareness of tax issues relating to
divorce
f. Domestic violence,
substance abuse, child abuse and neglect, screening and reporting, and legal
issues
TRAINING CONTENT: COMMUNICATION SKILLS
Trainees must be have an opportunity to practice selected written
and oral communication skills which will enable the mediator to foster
understanding and trust, elicit relevant information and accurately track and
record key areas of agreement. The following skills must be introduced and
practiced throughout the mediation training:
1. Listening
2. Note taking
3. Questioning
4. Nonverbal communication (i.e. eye contact,
body language)
5. Restating and
clarifying
6. Use of neutral
language
7. Drafting the agreement
TRAINING METHODOLOGY
Training methods must be designed to help trainees learn,
integrate, and apply the knowledge and skills covered in course
materials.
1. Programs must include
the following essential training methods:
- lecture
- group discussion
- mediation simulations
- role plays involving a variety of types of disputes
Trainers are also encouraged to include:
- readings
- written exercises
- video tapes
- participation in actual mediations
2. Trainees must be given an opportunity to
participate in at least three role plays as a mediator and two role plays as a
disputant under the supervision of a trainer or training assistant.
3. Trainees must have an opportunity to
observe at least one simulated or actual mediation.
4. A minimum of 40% of training hours shall
be spent in participatory activities.
Participatory activities shall be defined as supervised,
structured activities that require interaction among two or more people, which
relates to training.
TRAINING ADMINISTRATION
Mediation training must be organized in a way that provides that
trainees receive individualized attention and feedback on their skills. This is
important if trainees are to leave with a realistic understanding of their
abilities. The training must be administered in a way that requires completion
of the entire course and documents only the actual hours attended.
1. It is important that trainees
get individual feedback from experienced mediators/trainers on their
performance in training practice sessions. Generally, it is recommended that
the trainer/trainee ratio be 1:6 for role plays (there may be some
circumstances such as multi-party disputes which require larger role play
groups.)
2. Trainers must observe
role plays and provide feedback
3.
Trainers must solicit evaluation comments from trainees.
4. Trainers must provide written
documentation attesting to trainees= attendance at the training.
5. Trainers must indicate in training
materials whether their program meets specific published standards of a
professional organization.
