Introduction
General Principles
Criteria

• Definitions
• Education
• Practical Experience
• Skills Assessment
• Waiver
• Pledge
• Membership
• Length of Designation

• Administrative Skills
• Procedural Skills
• Relationship Skills
• Facilitation Skills

Mediation is a process of intervention in a dispute or negotiation by an impartial third party who has no decision making power. The third party assists disputing parties in voluntarily reaching their own mutually acceptable settlement of issues in dispute by structuring the negotiation, maintaining the channels of communication, assisting each party to articulate their needs, identifying the issues and assisting the parties in creating alternative ideas to resolve the dispute.

ADR Canada has obtained recognition under the Federal Trade Marks Act for the designations Chartered Mediator, C.Med., Médiateur Certifié, Médiatrice Certifiée, méd.c. All other groups and individuals are prohibited from adopting or using any of these marks or any marks that might be mistaken for these marks without the consent of ADR Canada.

The Chartered Mediator designation has been established to recognize a "generalist competence", the goal being to assist the public in finding qualified mediators. ADR Canada recognizes that specific additional skills and competencies may be necessary for mediation in specific areas such as family and multi-party mediation. ADR Canada acknowledges that mediators need not be chartered in order to provide mediation services.

In order to ensure that a high, consistent, set of standards is met by the persons entitled to use this designation, the Board of Directors of ADR Canada has established general principles, a set of criteria and a protocol to be used in assessing the eligibility of a candidate for the designation and for the granting of the designation.

The ADR Institute of Canada is national in scope and is represented throughout Canada by its affiliated Regional Institutes who administer and regulate the designation C.Med/méd.c. in their respective regions.

A member of ADR Canada, who meets the standards required of a Chartered Mediator, may apply for the designation on the form prescribed by ADR Canada.

The following process is required to qualify an applicant for designation:

1. Satisfactory completion of the educational and practical experience and skills assessment requirements; and
2. Review and approval by a Regional Institute's Accreditation Review Committee and ratification by the Regional Board of Directors; and
3. Review and approval by ADR Canada's National Accreditation Committee and ratification by ADR Canada's Board of Directors.

Each successful applicant is required to complete a pledge to abide by ADR Canada's Code of Ethics.

The designation is awarded by ADR Canada and is subject to renewal or revocation in accordance with the rules established by ADR Canada.

The certificate presented to a successful candidate remains at all times the property of ADR Canada.

Definitions
Education
Practical Experience
Skills Assessment
Pledge
Membership
Length of Designation

NATIONAL CHARTERED MEDIATOR ACCREDITATION COMMITTEE (NCMAC): is appointed by the Board of Directors of the ADR Institute of Canada Inc. (hereinafter referred to as the "Institute") to review and approve recommendations for accreditation as a Chartered Mediator by the Regional Accreditation Committees and to review and approve mediation training and competency assessment programs to ensure national consistency. The Committee shall be comprised of no fewer than 3 Chartered Mediators.

REGIONAL CHARTERED MEDIATOR ACCREDITATION COMMITTEE (RCMAC): is appointed in each region by ADR Canada's regional affiliate and will comprise of no fewer than 3 mediators, with balanced representation from qualified practitioners, academics and researchers and at least one mediation trainer.

QUALIFYING MEDIATOR: Chartered Mediators or persons otherwise deemed qualified by the RCMAC and appointed by that body to carry out the function.

In appointing a Qualifying Mediator, the RCMAC should consider the following guidelines:

1. Has approximately 150 hours of mediation theory and skills training, received through recognized training programs, with at least 16 hours of that training taken within the last 12 months.
2. Has approximately 100 hours of mediation practice.
3. Experience as a mediation trainer, in the capacity of either trainer or assistant trainer/coach.

COMPETENCY ASSESSMENT PROGRAM: is a program designed to assess the competencies of mediation practitioners as set out in Appendix "A".

The following criteria and conditions must be met by an applicant:

1. EDUCATION
1. Completion of at least 80 hours mediation theory and skills training in mediation training programs approved by ADR Canada
   AND
2. Completion of 100 hours of study or training in dispute resolution generally, the psychology of dispute resolution, negotiation, public consultation, mutual gains bargaining, communication, management consulting, conflict management, or specific substantive areas such as law, psychology, social work, counselling, etc. The specific requirements for this additional 100 hours shall be left to the discretion of each RCMAC.
   OR
   
3. Where the RCMAC agrees by majority that the applicant has satisfied or exceeded the above through proven skills and competency, longevity in practice and recognition and recommendation by peers, the educational requirements listed above may be waived. The decision of the RCMAC must be supported by documented reasons for the recommendation.

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2. PRACTICAL EXPERIENCE

Conducted at least 10 mediations with the applicant having been the sole mediator or the mediation chairperson in at least 5 of those mediations. Furthermore, at least 5 of the mediations conducted must have been fee paid mediations (i.e. the mediator has been remunerated either by fee or by salary for services rendered as mediator).

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3. SKILLS ASSESSMENT

Demonstrated competency in the process of mediation in the areas outlined in Appendix "A" as determined through:

1. Observation and approval by a Qualifying Mediator through one or more of the following: co-mediation, practicum, role playing, video taped mediation or other processes approved by ADR Canada.
   OR
2. Successful completion of a competency assessment program approved by ADR Canada.
   OR
3. an interview between the applicant and the RCMAC;
   OR
4. any other means of assessing an applicant's competency in the process of mediation, proposed by the applicant or the RCMAC and approved by ADR Canada.

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4. WAIVER

Notwithstanding the above, where the RCMAC determines that the applicant has satisfied or exceeded I, II, and III above through proven skills and competency, longevity in practice and recognition and recommendation by peers, the requirements listed above may be waived. The decision of the RCMAC must be supported by documented reasons for the recommendation.

5. PLEDGE

The applicant must pledge to comply by ADR Canada's Code of Ethics.

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6. MEMBERSHIP

Must be a member of good standing of the ADR Institute of Canada Inc.

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7. LENGTH OF DESIGNATION

The "Chartered Mediator" designation must be renewed every 3 years.

1. Completion of a Renewal Application;
   AND
2. Renewed Pledge.

The "Chartered Mediator" designation will not be renewed where the applicant has breached the Pledge.

1. Regional Institutes invite/accept applications from those members who believe they possess the standards required of a Chartered Mediator.
2. The Regional Institutes will establish their own procedures to evaluate applicants in accordance with the requirements established by ADR Canada.
3. The RCMAC shall recommend to the Regional Board all those applicants who have qualified as candidates.
4. The Regional Board shall consider and approve those candidates it deems qualified, and recommend them to the NCMAC with the following minimum information:
1. Letter of recommendation from the Regional Institute;
2. Candidate's application (on prescribed form);     and
3. Candidate's pledge (on prescribed form).

5. Each application supported by the recommendation of a Regional Institute shall be considered by the NCMAC. Each member of the NCMAC will consider the information submitted on a candidate, may discuss such information with other members of the Committee if necessary and shall vote on each candidate using the prescribed ballot form.
6. A candidate who receives a majority of the votes cast in favour shall be recommended to ADR Canada's Board of Directors for the designation Chartered Mediator (C.Med.).
7. All candidates recommended to ADR Canada's Board of Directors by the NCMAC shall be considered by the Board at its next regularly scheduled meeting or by mail ballot vote of the Board.

VOTING

Any person who also sits on a RCMAC or Regional Institute Board and has voted on any candidate at that level must refrain from voting on that candidate as a member of the NCMAC or ADR Canada Board.

The following areas will form the basis of the skills assessment.

1. Ability to describe to the disputants the importance of confidentiality in the mediation process and how will that be maintained;
2. Ability to listen actively;
3. Ability to question the parties effectively and get the facts and perceptions out on the table;
4. Ability to deal with complex factual material;
5. Ability to analyze problems, identify and separate the issues involved, and frame these issues for resolution or decision-making;
6. Ability to use clear, neutral language in speaking and in writing;
7. Sensitivity to strong felt values of the disputants, including gender, ethnic, and culture differences;
8. Ability to treat the parties equally and fairly;
9. Commitment to honesty, dignified behaviour, respect for the parties and ability to create and maintain control of a diverse group of disputants;
10. Ability to identify and separate the mediator's personal values from issues under consideration;
11. Ability to understand and deal with power imbalances;
12. Ability to preserve parties' autonomy;
13. Ability to understand the negotiating process and the elements of effective negotiation;
14. Ability to earn trust and develop rapport;
15. Ability to uncover parties' needs and interests through questioning;
16. Ability to screen out non-mediable issues;
17. Ability to help parties invent creative options;
18. Ability to help the parties identify principles and criteria that will guide their decision-making;
19. Ability to help the parties assess their non settlement alternatives;
20. Ability to help the parties make their own informed choices;
21. Ability to help the parties assess whether their agreement can be implemented.

Administrative Skills
Procedural Skills
Relationship Skills
Facilitation Skills

The listing below is not an exhaustive listing of competencies and is intended as a guideline of generally recognized desirable qualities for competent mediators practicing in a commercial environment.

General Definition:

The ability to organize and conduct the practice of mediation in an efficient and effective manner.

1. Ability to organize and maintain office systems
   - appointment system
   - correspondence system
   - engagement file system with monitoring feature
   - time log, billing and disbursements receivable system

2. Ability to work within the system/rules governing the accepting and handling of engagements
   - records details of appointment (terms, conditions and fee)
   - confirms appointment in writing (engagement letter or contract)
   - ensures all pertinent correspondence, sent and received, is provided to both parties
   - demonstrates a clear understanding of the applicable Rules and Ethics

3. Ability to allocate time, effort and other resources
   - expeditiously reviews and deals with documents and information received
   - develops an overall perspective of the engagement
   - draws up timetable for dealing with preparatory matters and conduct of the mediation
   

4. Ability to organize the required needs of the mediation
   - adequacy of session room to accommodate the parties and others
   - capability to provide privacy for private consultations and caucusing
   - suitability of the location in terms of minimizing external distractions or interruptions
   - capability of session accommodation facility to meet special needs of participants

5. Ability to bring the engagement to completion
   - has a good understanding of closure techniques and the settlement process
   - understands the importance of working co-operatively to draft the memorandum of understanding/settlement agreement
   - submits fee billing in accordance with terms of engagement or within a reasonable time

General definition:

Ability to recognize the nature of the dispute and establish clear understandings, concerning the process, with and between the parties

1. Ability to determine legitimacy and jurisdiction
   - reviews contracts between the parties (if they exist)
   - ensures the issues in dispute are covered by the mediation clause or are suitable for mediation
   - determines that he/she possesses adequate knowledge of the business or industry encompassing the dispute
   - ensures there is no reason for parties to challenge the appointment
   - ensures that the appointment is not inconsistent with the applicable laws or institutional rules

2. Ability to establish clear understandings
   - clearly explains the role of the mediator
   - clearly defines and explains the mediation process
   - emphasizes the "mutually agreed to solution principle"
   - emphasizes the "rights of the parties to withdraw"
   - emphasizes the "confidentiality principle" and explains its limitations
   - determines that those persons, who hold the decision making power, will be at the table
   - reviews the engagement letter/agreement to mediate
   - in cooperation with the parties, estimates time that will be required for the mediation
   - formalizes the engagement in writing

3. Ability to supervise the preliminary meeting
   - supervises conduct of the meeting
   - explains the purpose and content of the meeting
   - brings the parties to agreement on procedural matters

4. Ability to deal with preliminary matters
   - holds preliminary meeting if required or requested
   - provides assistance to the parties in preparing for the mediation
   - determines if legal counsel, witnesses, experts or other parties will be involved
   - ensures all parties have a clear understanding of how the mediation session will be conducted and settlement effected
   - ensures all necessary procedural steps have been completed

Relationship Skills

General Definition:

The ability to instill and maintain a positive relationship and good communication

1. Ability to maintain a positive relationship
   - acts with courtesy, respect and patience and encourages the parties to do the same
   - separates mediator's personal values from issues of the mediation
   - earns trust
   - builds rapport
   - compliments progressive behavior
   - indicates empathy for the issues
   - does not pre-judge the parties on the issues
   - is modest in attitude held towards others
   - exhibits sensitivity to strongly held values of the disputants, including ethnic, gender and cultural differences
   - devotes appropriate care and attention towards the parties

2. Ability to listen effectively
   - listens to both parties in an passive and active manner
   - exhibits an understanding of the importance of body language to the listening process
   - intervenes selectively to obtain clarification, assist in understanding or maintain order
   - exhibits patience and does not interrupt except in the most serious circumstances

3. Ability to speak effectively
   - uses clear diction and collateral body language
   - asks succinct questions when necessary
   - is direct but not intimidating
   - speaks in a clear audible voice
   - uses simple language
   - utilizes terminology that is common to the parties' industry

4. Ability to maintain a conducive atmosphere during the session
   - uses civil language
   - permits humor which is beneficial to the process
   - displays understanding of the factual material and submissions
   - puts parties and witnesses/collaborating presenters at ease
   - avoids distracting body movements or facial expressions
   - discourages an excessively adversarial climate
   - shows empathy

General definition:

Ability to conduct the mediation session using fair, flexible and effective procedures, skills, and techniques

1. Ability to conduct a fair session
   - maintains neutrality and impartiality
   - understands the nature of power imbalances and how to deal with them
   - treats parties' fairly and equally
   - preserves parties' autonomy
   - allows each party an opportunity to examine witnesses/collaborating presenters
   - allows parties to make objections and respond fully to objections
   - allows parties adequate time to deal with surprises
   - deals expeditiously with parties' questions on procedural matters
   - keeps interruptions to a minimum
   - imparts and encourages courtesy and respect
   - accepts criticism in a constructive manner

2. Ability to promote an assertive tone
   - speaks in an assertive manner
   - encourages the parties to conduct themselves in an assertive manner
   - assists the deliberations by rephrasing accusatory or aggressive statements into an assertive form

3. Ability to deal with high emotion
   - recognizes the need for and advantage of venting
   - calls a recess to diffuse negative circumstances of high emotion
   - holds a caucus to deal with severe negative circumstances of high emotion

4. Ability to organize and analyze data
   - develops an overall perspective of the engagement
   - understands the sequence and nature of events contributing to the dispute
   - exhibits the ability to deal with complex factual material
   - organizes data into a logical library format
   - determines the most effective and efficient way to utilize the data to complement the mediation process
   - utilizes ancillary tools such as flip charts and white boards to assist understanding

5. Ability to deal with the issues
   - possesses an adequate knowledge of the business/industry related to the dispute
   - assists the parties to clarify and identify the issues
   - isolates those issues that are of no or little relevance
   - separates the parties claims and issues
   - assists the parties to establish an objective methodology to evaluate claims
   - reconstructs the issues in terms that will assist understanding
   - screens out non-mediable issues

6. Ability to surface needs and interests
   - exhibits an understanding of the importance of surfacing needs and interest and
   - conveys this importance to the parties
   - exhibits an ability to identify symptoms
   - asks probing questions directed to uncover potential needs and interests
   - asks open ended questions directed to uncover potential needs and interests
   - encourages candid responses
   - holds caucuses focused on uncovering needs and interests

7. Ability to advance the process
   - empowers the parties to own and actively participate in the process
   - separates the people from the problem
   - assists parties to maintain focus and momentum
   - assists the parties to evaluate submissions and the relevant material
   - is open and flexible to suggestions and ideas presented by the parties
   - assists the parties to generate creative options
   - assists the parties to evaluate their positions using BATNA's and Reality Checks
   - assists parties to make their own informed choices
   - utilizes appropriate tools and techniques to break impasse, achieve understanding and steer the process to settlement

8. Ability to bring closure and achieve settlement
   - recognizes the optimum moment when the parties express a desire to deal/compromise
   - assists the parties to bargain a solution
   - utilizes appropriate tools and techniques to achieve closure
   - assists the parties to move from closure to settlement
   - assists the parties to asses whether their proposed settlement terms can be implemented
   - assists the parties/their advisors to draft their memorandum of understanding /settlement agreement

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