1. Competency Standards for Mediators
Wolf von Kumberg
European Legal Director
Assistant General Counsel
Northrop Grumman Corporation

2. What makes a mediator? What makes a mediator? (in most jurisdictions)
A business card
A website
A market
In short anyone can call themselves a mediator

3. The current problem for users
Mediators have :
No universal standards or rules by which to gauge mediator competency
No required testing
No professional body
No disciplinary process
No transparent feedback process

4. So how do you objectively select the right mediator for your dispute?
Who do you go to if there is an issue with the mediator selected?
How do you pass on your experience to other users?

5. Why this problem exists Current market conditions:
No single organisation focused on mediation has a global reach
Most mediation provider organisations are competitors in a highly competitive market with little incentive to co-operate with each other to create global standards
Many ADR organisations with a global reach are arbitration focused and in part have conflicting interests with mediation providers.
Many ADR organisations and mediation providers have insufficient funding or interest to launch an international standards initiative
Mediation practice itself is fragmented among many disciplines and standards nationally and locally
As one leading mediator has expressed it “standards are needed and mediators should be active in formulating them but to date have been unsuccessful in doing so”

6. What the user requires Trust in the mediator selected which means:
Objective criteria upon which to base selection
Transparency as to selection process if an institutional provider is used
Competency must be objectively measured
Ethics Standards or Code of Conduct
Credibility in the mediation process must be assured
How achieved
Transparent training standards
Ongoing education requirements
Recognised code of conduct
Disciplinary process must be available
Global recognition system to identify qualified mediators
Objective selection criteria used by institutional providers
Objective feedback from users as to mediator process performance

7. Why standards? Benefits
Enables users to be more confident about a mediator’s competence
Enhances the professional status of mediators
Encourages greater use of mediation
Will lead to a recognised profession of mediation
Assists mediators to differentiate themselves and demonstrate their competency
Next step
Recognition by mediators, institutional providers and users that standards are needed but that currently no framework exists for these to be created within
If not driven from within the community it will be driven by Government which will lead to highly bureaucratic standards which will satisfy no one.

8. What is IMI IMI is user driven
Objective is to enable users to be more confident about a mediator’s competence
By emphasising user’s needs, providers and mediators are assisted in understanding users requirements.
A channel of communication between users, mediators and providers is established through IMI

9. How will IMI work Support (b) Standards and Competency Certificates
It is user driven
It will succeed only if users see a benefit
Mediators will pay little to support IMI
Providers support by way of training, mentoring and feedback digests
(b) Standards and Competency Certificates
Mediators need training to minimum defined standard
IMI has drafted standards which it has posted on its website and has requested feedback from users, providers and mediators
These draft standards will once finalised form the basis for training by providers world wide
These are minimum standards which can be added to by providers to meet local conditions and disciplinary diversity, to ensure the continued flexibility of mediation

10. How will IMI work (c) Code of Conduct
The standards do not enforce any particular method of mediation rather ensure that the basic concepts of mediation are taught
Provides training in accordance with the standards will be permitted to provide the IMI certified mediator qualification which will provide users with a global assurance of minimal competency
Business using certified mediators will themselves be demonstrating commitment to the process and quality assurance
(c) Code of Conduct
IMI will provide a basic code of conduct to be adopted, by providers and if desired regulators
This code such as AAA, ABR, ACR comparable to those already initiated by the EU and reputable providers but fills a gap where the code exists in certain parts of the world
The code will provide a basis for a disciplinary process against mediators that do not meet acceptable standards of practice
There is a real role here for the provider community

11. How will IMI work (d) Feedback
This is possibly the most controversial element of the steps proposed by IMI but the most sought after by users
Actual user feedback will be used in mediator digests assembled by independent parties using guidelines established by IMI
Each certified mediator would have a regularly updated digest of user feedback accessible to all users via IMI’s website
Negative feedback will only be included in a digest if repeated more than 3 times by parties to different mediations
Accumulated feedback, summarised into a digest by objective third parties (such as provider organisations) builds up a fair indicator of a mediator’s competency
Both users and mediators are served by feedback. A fair indicator of a mediator’s competency is provided to users. Competent mediators are provided with a credible marketing tool of their competency available to a large worldwide number of users
Focus on process issues rather than on results

12. IMI is the best attempt to date to create a win win outcome for users,
mediators and providers
After all is that not the object that mediation itself attempts to achieve