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Standards for Continuing Education in Mediation

TEXAS MEDIATION TRAINERS ROUNDTABLE
STANDARDS FOR CONTINUING EDUCATION IN MEDIATION

These standards were developed by the Texas Mediation Trainers Roundtable in 2004 to promote the quality of continuing education in the field of mediation.

Definition
Continuing education is the vehicle by which professionals develop and maintain the necessary knowledge and skills needed to keep pace with the demands of an every changing society as they carry out their professional duties.
The purpose of continuing education in the area of mediation is to maintain and improve the quality of professional mediation services provided to the public and maintain mediators’ knowledge of current research, techniques, and practice; and provide other resources which will improve skill and competence in professional mediation.

Qualifications of Continuing Education Trainers
Individuals providing continuing education must have training and experience in the area of the continuing education topic. In most cases, trainers must be trained and experienced mediators. However, some specific continuing education topics might be provided by individuals with training and experience in other areas, such as family dynamics, family law, financial planning, etc.

Advertising Continuing Education
Continuing education courses and training sessions should clearly state the intended learning outcomes for participants in the training.

Continuing Education Credit/Certificates of Completion
Continuing education providers are responsible for providing each participant with a CEU certificate. Certificates for completion of continuing education courses and training sessions should accurately reflect the time on a one-for-one basis with one clock-hour of credit for each clock-hour spent in the continuing education activity.

Types of Acceptable Continuing Education
Acceptable continuing education may be participation in programs (institutes, seminars, workshops, conferences, or academic courses) directly related to mediation.

Methodology
It is recommended that continuing education programs in mediation include a variety of training methodology, including but not limited to, lecture, discussion, role play, videos, and demonstration. Training agenda should reflect activities that reflect best practices in adult learning.

Content
All continuing education training programs must focus on increasing knowledge and building skills of mediators. While the following topics would qualify as suitable material, the list is not meant to be complete and other topics meeting the criteria would be acceptable.

Conflict Resolution Theory
            Sources of conflict
            Responses to conflict
            Learning styles theory
 Mediation as a Profession
            History of mediation
            How to establish a successful mediation program
            Legislation impacting mediation
            Professional organizations
            Mentoring new mediators
            Coaching
            Trainer feedback for participants
            Advertising
            Court-annexed vs. private mediation
            Ombudsman position
Role of the Mediator
            Mediator self-awareness
            Characteristics of successful mediators
            Co-Mediation
Mediation Process
            Stage processes
            Transformative mediation
            Caucus
            Pre-Mediation/Convening/Enhancing the ability to mediate
            Post-mediation activities
            Interests-based negotiation
            Attorney-Non-attorney
Mediation Techniques and Skills
            Non verbal communication and its impact upon a mediation
            Asking questions
            Summarizing
            Acknowledging emotions
            Reframing
            Separating positions from interests
Special Topics
            Impasse
            Intractable conflict
            Cultural diversity; cross cultural issues & themes
            Gender issues
            Disability issues
            Dynamics of apology
            Hierarchal imbalance in workplace mediations
            Non-violent communication
            Psychological barriers to settlement
            Fiscal barriers to settlement
            Persuasion/Influence theories
            One set of facts are right vs. everyone’s facts are okay
            Reciprocity norm that often drives bargaining and collaboration
            Emotional intelligence
Special Settings – The application of mediation to specific settings
            Family
            Employment
            Education
            Truancy
            Environment
            Public Policy
            Governmental
            Real Estate
Ethics
            See also TMTR recommended standards for ethical training.
            Raising awareness of ethics
            Ethical dilemmas
​
Activities Unacceptable as Continuing Education
  1. Education incidental to the regular professional activities of a mediator such as learning occurring from experience or research.
  2. Organizational activity such as serving on committees or councils or as an officer of a professional organization.
  3. Meetings and activities not related to the practice of mediation which are required as part of one’s job.
  4. Teaching or consultation which is part of one’s job.
  5. An experience which does not fit the recommended continuing education content or methodology
 
Published, 4/23/07

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Click below to download the standards document:
Standards for Continuing Education in Mediation
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