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TEXAS
MEDIATION TRAINERS ROUNDTABLE
40-HOUR BASIC
MEDIATION TRAINING STANDARDS
Revised and Adopted on November 3, 2003
BACKGROUND
In 1992 and 1993
a group of Texas mediation trainers conducted a series of discussions
to examine standards for the 40-hour basic mediation training. This
group formed the Texas Mediation Trainers Roundtable (TMTR) and finalized
the original standards for the 40-hour Basic Mediation course. TMTR
revised these standards in 2003.
These standards
are intended to insure the quality of mediation training programs
throughout the state and to foster productive dialogue among mediation
trainers. They have been developed in a way that recognizes diversity
in the mediation field, including diversity of approaches to training
and to mediation. The Texas Mediator Credentialing Association (TMCA),
who promotes quality mediation throughout Texas, has adopted these
40-hour Basic Mediation standards.
TRAINING CONTENT
The
nine minimum areas of information that need to be covered in a basic
mediation 40hour training program include:
- History
of Mediation
Trainees need
an understanding of the historical perspective of mediation because
it has evolved over time and continues to evolve today.
- Overview
of ADR Legislation in Texas
Trainees
should be introduced to legislation that regulates the practice
of mediation, so they may comply with relevant legal requirements.
- Conflict
Resolution Theory
The theory of conflict resolution helps trainees differentiate
between mediation and other forms of dispute resolution.
- Topics
- Definitions,
types of, sources of, and responses to conflic
- Conflict
resolution continuum
- Interest-based,
collaborative problem solving
- Mediation
Theory and Practice
Trainees
need a theoretical grounding to understand the process fully. Trainees
should understand a full range of mediation models in order to serve
the parties most effectively.
- Topics
- Definition
of mediation
- Role
and characteristics of mediators
- Theory
of mediation
- Benefits
of the mediation process
- Differences
in third-party roles: mediators, arbitrators, and judges
- Approaches
to negotiation
- Range
of styles, types of mediators and mediations
- Impact
of diversity issues
- Court
systems and procedures
- Mediation
Process and Techniques
Trainees must develop a conceptual framework for conducting the
session. This requires learning key techniques to assist in managing
the session’s process while encouraging a collaborative problem-solving
environment.
- Topics
- Elements
of the Mediation Process
- Preliminary
arrangements
- Opening
and structuring the mediation session
- Introduction/orientation
of disputants/attorneys
- Gathering
and exchanging information (venting/opening statements)
- Issue
and problem clarification
- Generating
options
- Bargaining
and negotiation
- Agreement
writing/enforceability
- Closure
- Techniques
- Trust
building
- Reframing
- 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
- Self-Awareness
of Trainee
Trainees should understand how their personal characteristics, values
or biases might influence their ability to perform effectively as
a mediator.
- Topics
- Diversity/cultural
awareness (personal biases)
- Language
differences
- Conflict
style
- How
the trainee responds to conflict
- Personality/style
- Ethics
Trainees must be able to support the effectiveness and
credibility of the mediation process through making informed choices
based on ethical principles.
- Topics
- Conflict
of interest/appearance of impropriety
- Neutrality/impartiality
- Confidentiality
- Sample
of standards recommended by dispute resolution professional
organizations
- Staying
in the role of mediator
- Violence,
substance abuse, child abuse & neglect, screening, reporting
and legal issues
- Power
imbalances
- Liability
- Misuse
of process
- Protecting
the process
- Awareness
of various organizations’ ethical guidelines and grievance
processes
- Communication
Skills
Trainees should have an opportunity to learn selected written
and oral communication skills in order to foster understanding and
trust, elicit relevant information, and accurately track and record
key areas of agreement.
- Skills
- Listening
- Note
taking
- Questioning
- Nonverbal
communication (i.e., eye contact, body language)
- Restating
and clarifying
- Use
of neutral language
- Drafting
the agreement
- Recognizing
feelings and emotions of parties
- Professional
Considerations
The trainers should promote the belief that continuing
education and development is critical to achieving excellence in
mediation. Trainees should be made aware of opportunities to continue
to learn, to network, to find support within the field, and to establish
a professional identity.
- Topics
- Professional
organizations
- Networking
- Practicum
- Continuing
education
- Aspects
of establishing a practice
- Community
service
TRAINING
METHODOLOGY
Training
methods should be designed to help trainees learn, integrate, and
apply the knowledge and skills covered in course materials. A variety
of training methods are essential in
order to maintain attention levels and to address differences in learning
styles.
- Training
Methods
The following are essential to all training programs:
- Lecture
- Group discussion
- Mediation
simulations
- Role plays
- Other structured
participatory activities
Trainers are
also encouraged to include:
- Reading
- Written exercises
- Video tapes
- Role-plays
Trainees must 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.
- Mediation
Observation
Trainees must observe at a minimum one simulated, videotaped, or
actual mediation.
- 4.
Participatory Activities
A minimum of 50 percent of training hours shall be spent
in participatory activities. Participatory activities are supervised
and structured activities that require interaction among two or
more people.
TRAINING
ADMINISTRATION
Mediation
training should be organized in a way that guarantees 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 should be administered in a way that
encourages completion of the entire course and documents only the
actual hours attended. Finally, trainers should be responsive to the
needs of trainees.
- Individual
Feedback
It is important that trainees receive individual feedback
from experienced mediators/trainers on their performance in training
practice sessions. This may be accomplished through direct trainer
feedback and trainer facilitated coaching, trainee observation,
or videotaping.
- Mandatory
Full Participation
Trainees need not only be present for the 40-hour course,
but also need to participate in all participatory activities and
role-plays to gain a comprehensive understanding of course materials.
- Evaluation
Trainers will solicit course evaluation comments from trainees
to help the trainer determine the effectiveness of the training
and to help shape future mediation courses.
- Documentation
of Attendance
Trainers will provide written documentation to trainees
verifying trainees' 40-hour attendance or partial attendance in
hours completed.
- TMTR
Standards
Trainers
will indicate in training materials and certificate of completion
that their program satisfies the Texas Mediation Trainers Roundtable’s
standards for the 40-hour Basic Mediation course.
LEGISLATION
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