To practise in a court connected or publicly funded mediation
service, the mediator must be able to demonstrate the knowledge
and skills and other personal attributes as set out below.
A. Knowledge
- negotiation, conciliation, conflict management and the
mediation process
- family dynamics and child development
- law pertaining to the issues being mediated including:
-
- the legal steps involved in a mediation and
divorce;
- major trends in the case law relating to the issues
referred to above;
- the laws which can assist and protect clients who have
been abused.
- the effects of separation and divorce on parents, children
and the extended family
- in-depth understanding of the sources of power imbalances
in relationships and an ability to recognize the indicators of
such imbalances in their clients
- where mediation proceeds, knowledge about the techniques
used to support the weaker party while remaining impartial
- indicators of domestic violence or abuse
- procedures and instruments to screen for abuse before and
during mediation
- safety planning requirements and procedures for clients and
staff and their limitations
- community and educational resources for referral outside or
for use within the mediation process
- alternate dispute resolution options
- current public concerns regarding mediation practice
- multicultural issues in dispute resolution
B. Skills
- advanced communication and relationship skills
- advanced investigative, interviewing and assessment
skills
- demonstrated case management skills
- ability to assess the degree of the power imbalance to
determine whether mediation is an appropriate option
- ability to use techniques to redress power imbalances
- mediators doing comprehensive mediation must understand and
be able to work with various financial documents which may be
relevant in a case involving support or property issues, (e.g.
court financial statements, budgets, financial statements
prepared by accountants).