Having taught mediation skills for over thirty years and, more recently, having developed an online mediation training curriculum, it’s only natural that I stand as a zealous proponent of mediation training. It follows, then, that I am increasingly alarmed by the number of mediators entering the profession who have little or no training and even less practical experience. For many of these aspiring mediators, a successful career in law or a certificate from a 40-hour introductory course in mediation is held up to the world as documentary proof of their requisite skills and training.
How did we arrive at this moment in our nascent profession? And, more importantly, how do we build credibility as a profession by emphasizing the importance of high-quality education and skills development? As mediators, we operate in a unique professional environment. We come from various backgrounds, and we apply our skills in various settings.
We begin with a look back
At the beginning of our profession, we necessarily focused our initial efforts on developing a sustainable career path. The conversation about training requirements, model standards of conduct, and conduct enforcement lagged behind. Despite most mediators agreeing that some degree of training and education was essential as a prerequisite to market entry, there was little consensus around specific requirements. Consequently, we found ourselves in a profession with no national standards for mediators.
Even today, we are left with a patchwork approach to ensuring mediation competency. Few states have training requirements, and those that do, require a minimal number of hours of training. In most states, you need significantly more training to be a licensed barber than a professional mediator. Some courts and other private service providers in the US do have training requirements to be on their approved panel of mediators. Proper training is crucial for professionals seeking to offer dispute resolution services.
A proliferation of mediation training courses
In this void, we’ve witnessed the proliferation of 40-hour mediation training courses. Incredibly, some courses even profess to “certify” students as mediators upon completion, conveniently overlooking that this word has no official meaning in the broader profession.
It’s not my intention to criticize forty-hour mediation training programs or downplay the significance for those individuals who have received a certificate upon completion. Indeed, at Edwards Mediation Academy, we grant certificates upon successfully completing our courses. I also actively participate in many face-to-face programs that promote this same approach to learning. I believe that credentialing oneself is an important first step in career development.
My criticism is with those who think that a forty-hour basic mediation training course, or less in some cases, is all that is required to commence a career in mediation or those who believe that Artificial intelligence can replace quality mediation training. I recently heard a mediation trainer suggest that the audience use Chat GPT to get a list of the steps to mediate when first starting. There is a place for AI in mediation, but it certainly does not replace a high-quality mediation training program.
Because peer review is limited, many untrained mediators look to the final outcome, meaning whether the dispute was resolved, as the sole litmus test of their performance. To these mediators, the means and methods of how that result was achieved take a distant back seat, and self-reflection is an afterthought, at best.
The need for deeper education and training in mediation
I often look to other industries for examples of where our mediation profession should aspire. For example, many professionals equate the skills required in mediation to those required by practitioners of the therapeutic sciences. It’s interesting, for instance, that to be a licensed clinical therapist, one needs several years of formal education and a year of mentoring under the guidance of a licensed professional before being allowed to consult with their first patient.
In thinking about the need for deeper education and training in our profession, I am reminded of a statement by Malcomb Gladwell in his book Outliers: “It takes roughly 10,000 hours of practice to achieve mastery in a field.” To illustrate the absurdity of minimal training to be proficient in mediation, I often ask my mediation students to envision themselves seated on an airplane and ready to pull back from the gate when the pilot comes on the public address system and announces, “Ladies and gentlemen, welcome to flight 123 to Washington D.C. You’ll be happy to know that I just completed the forty-hour course on piloting this new aircraft, and I’m looking forward to our first flight together.” Not exactly confidence-inspiring!
Truth be told, there is so much more to be gained from experiential learning than is available through certificate programs alone. I was recently “shadowed” or observed in mediation by a visiting mediator from Columbia, South America. After a long day of mediation, we sat privately to debrief, and I asked what he had learned that day. He responded by saying that he appreciated my use of stories to build a strong connection with the parties. What was even more instructive, he continued, was how seamlessly the stories occurred in conversation and how strategically they were used to help manage difficult moments. He concluded by saying that it was this nuanced use of storytelling that he could never have learned from a book or a 40-hour basic mediation program.
Criteria for selecting a mediation course
Since training standards for mediators are not yet in place, what are the important criteria an aspiring mediator should look for in selecting a mediation course or curriculum? I strongly suggest the following focus:
1) Experienced Instructors
Look for programs taught by those instructors with “real world” experience. In a marketplace of professional trainers, few have the type of practical experience that Malcomb Gladwell would describe as “mastery in the field.” Yet, it is an instructor’s ability to blend theory and practice while using their rich experience that brings learning to life. Learning from experienced mediators ensures you gain expertise in conflict resolution, communication techniques, negotiation skills, and legal and ethical compliance.
2) Interactive Learning
Whether face-to-face or online, look for interactive programs that afford opportunities for experiential learning. Neurobiology tells us that authentic learning comes from experience, including failure. All too often, introductory courses are long on lectures with limited opportunities to incorporate or observe practical skills. Effective mediation training should also include observing an experienced professional making nuanced decisions when working with disputants.
3) Content
In addition to understanding the fundamentals of the mediation process, a comprehensive mediation training program needs to include communication and active listening skills, practical yet nuanced strategies for guiding parties, a comfort level handling impasse amid high emotions, and the ability to recognize and acknowledge the significant impact of culture and bias on the mediation process, all imperative to getting parties to trust and actively participate in the process. But that is just the start. To assist individuals through negotiation and settlement, mediators must internalize the need for self-reflection and self-management in the mediation process.
4) Variety
Mediation skills are consistent across a variety of disciplines. Therefore, training in one area of skill development may be easily transferable to a different application. That’s why a student of mine once took a job in a nursing home to improve his listening skills since he knew he would need to listen carefully to his patients. Don’t overlook any quality program that will expand your thinking and skill development, whether in communication, neurobiology, body language, or online mediation. Decision-making skills are also crucial in mediation, especially for handling family conversations, inheritance disputes, caregiving, and financial planning.
5) Approval by a state bar association or other credible institution
Look for mediation courses that have been approved by a state bar association or other credible institution or that are offered through a credible institution. That is a practical means of guaranteeing their quality. Just because an organization says you will be a certified mediator upon completition, make sure that it is from a credible source, not just a marketing ploy.
Learning is an ongoing endeavor
Once you have immersed yourself in mediation coursework and have gained an appropriate number of certificates for your office wall, let the education continue. Look for opportunities to “shadow” experienced mediators and debrief with them afterward to learn why they made specific decisions at a given moment. Practice skills in a “role play” environment because your brain can’t distinguish between “real life” scenarios and authentic practice using “role plays.” Volunteer for dispute resolution experiences. Get together with like-minded individuals to practice amongst yourselves.
Once your career is underway, never stop learning. Form groups of local mediators and share experiences. Keep notes of your own experiences and debrief yourself following every mediation. Ask experienced mediators to periodically peer review your efforts. Only through high-quality mediation training can we continue to build credibility as a profession. Only by acknowledging that certificate programs are an important first step, but only a first step, can we help our mediation clients distinguish between those in our profession who are certified mediators and those who are truly competent. As one of my former colleagues at JAMS was fond of saying, “The sparrow may tell himself he is a peacock, but the peacock knows the difference.” Understanding and mastering the mediation process is crucial for continuous professional growth.
The exalted goal of mediation training was perhaps best captured on the television program 60 Minutes during an interview with Misty Copeland, the first African American ballerina to dance for a premier dance company. When the interviewer observed that Misty’s dancing appeared “effortless,” she quickly replied, “I’ve spent a lifetime of effort making this look effortless.”
Whether you distinguish yourself as a certified mediator or not, you must commit to the same level of preparation. Then, when the stage lights are on, you will possess the necessary skills to assist those in conflict competently. In so doing, you will represent the best of our profession.
