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  • Benchmark Standards Group

Terms & Conditions

Benchmark Standards for Mediators

(Approved by the Benchmark Standard Group on 25.6.07)

The minimum benchmark standards for admission of a mediator to the Register cover:

1. Adequate training from a trainer or team of trainers with appropriate experience
2. A requirement for some form of initial mentoring or co-mediating to gain experience
3. Post-training Continuing Practice Development (CPD) and practice support
4. Adherence to an appropriate code of conduct
5. An appropriate system for addressing concerns and complaints
6. Appropriate indemnity insurance

1. Adequate training

Mediators must have satisfactorily completed mediation training. The performance of the mediator during or on completion of mediation training must have been assessed as satisfactory.

The mediation training should include training in:

• Principles and practice of mediation
• Stages in the mediation process
• Ethics and values of mediation
• The legal context of disputes (if any)
• Communication skills useful in mediation
• Negotiation skills and their application
• The effects of conflict and ways of managing it
• Diversity

The mediation training will include not less than 30 hours of tuition and role-play, (with at least 15 hours actively engaged in role play exercises or co-mediation with a trainer) including a formal assessment. The assessment should included direct observation of practice as a mediator in role play.

The training must be provided by a trainer who has had sufficient training and experience themselves.

2. Initial mentoring or co-mediating with an experienced mediator

After mediation training, mediators will require to have participated in at least two mediations (totaling no less than 6 hours of mediation) as an observer, assistant or co-mediator before they are eligible to be admitted to the Scottish Mediation Register.

3. Continuing Practice Development (CPD) and practice support

A mediator will be required to plan, undertake and review at least 12 hours of continuing development and support each year. This CPD and practice support may include training, supervision, monitoring, mentoring, shadowing and peer review.

The purpose of this CPD and practice support is to offer a framework for mediators to reflect on their practice in a structured way with view to learning and developing their skills.

4. Code of Conduct

As a minimum the mediator shall practice in accordance with the Scottish Mediation Register’s Guidelines for the Practice of Mediation in Scotland being consistent with the European Union Model Code of Conduct for Mediators or such other code that accepts the SMN Guidelines as a minimum.

5. A system for addressing concerns

A mediator must have in place a written procedure for addressing concerns and handling complaints and keep written records of any complaints. The Benchmark Standards Group has set out a process for handling concerns which may lead to the removal of a mediator from the Register for failing to meet the benchmark standards. NOTE: The SMR can only address concerns that a Scottish Mediation Registered mediator has not shown that they comply with the Benchmark Standards.

6. Appropriate Insurance

The mediator must have appropriate insurance in place for the activities that the mediator undertakes.