Mediation is most successful when the parties’ advocates, advisors or representatives (“Mediation Advocates”) are knowledgeable and skilled in the principles of the mediation process and negotiation theories. Mediations can fail when party representatives act as if they were in a courtroom rather than in a negotiation.
Mediation presents unique problem-solving opportunities in which representatives can assist their clients to reach faster, cheaper and/or better outcomes with the assistance of a mediator. They can help their clients achieve outcomes that may be unattainable in a courtroom or arbitration tribunal. To do that, they need a different set of knowledge and skills.
SCMA assisted the International Mediation Institute in the design of criteria for programmes qualifying as competent Mediation Advocates in order to establish a professional and technical basis for enabling disputing parties to identify professionals experienced in advising and representing clients in the resolution of disputes through mediation and related dispute resolution processes. The Criteria are presented in two broad categories: The General Requirements for the programs are set out in Section 1 (the “General Requirements”) The Mediation Advocacy Practical Skills Requirements are set out in Section 2 (“Practical Skills Requirements” and the substantive criteria for Mediation Advocates’ Competency are set out in Section 3 (the “Substantive Criteria”).
SCMA now wishes to promote free to registered users its own Standards to reflect the needs of this jurisdiction and to be commensurate with the recognised international Criteria.