ASSESSMENT GUIDELINES

These assessment guidelines are meant for students and teachers in mediation to evaluate quality of performance of mediator.

PROFESSIONAL SKILLS OF THE MEDIATOR

A mediator shall have the following types of professional skills:
A)    Administrative skills;
B)    Procedural skills;
C)    Relationship skills; and
D)    Facilitation skills.

ABILITIES OF THE MEDIATOR

Having acquired all the above mentioned professional skills a mediator has these abilities:

1.    Ability to contact and welcome the parties
2.    Ability to build trust with the parties
3.    Ability to organize properly the mediation depending on the requirements of the mediation service providers
4.    Ability to build raport with the parties
5.    Ability to prepare the necessary documents in compliance with the applicable legislation
6.    Ability to motivate and consult the parties before the mediation agreement
7.    Ability to assess the mediation suitability of the case (pre-evaluation process)
8.    Ability to mind the logistics for mediation
9.    Ability to make a good introductory talk in the beginning of mediation
10.    Ability to observe the timing
11.    Ability to structure the process and to choose the most suitable form/styles/ setting for the process
12.    Knowledge of the phases of mediation and the differences among them
13.    Ability to make a proper opening of mediation including an explanation of mediation principles and rules, the role of the mediator, parties and process
14.    Ability to build trust and to create amicable environment for reaching solutions
15.    Ability to set the tone and to create an emotional tone and atmosphere conducing to cooperation
16.    Demonstration of essential effective communication skills:
           16.1. Active listening,
           16.2. Summarizing,
           16.3. Paraphrasing,
           16.4. Reframing,
           16.5. Reflecting back emotion, and
           16.6. Negotiation skills.
17.    Ability to use appropriate questions to uncover potential needs and interests of the parties (e.g. probing questions, open ended questions)
18.    Ability to manage the parties and their own emotions
19.    Ability to separate people from the problem
20.    Ability to explore and distinguish positions/ interests/ needs
21.    Ability to search for an integrative potential
22.    Ability to involve all the participants into the process
23.    Ability to narrow the differences
24.    Ability to make a reality test and pay attention to detail
25.    Ability to explore alternatives and options
26.    Ability to encourage mutual recognition and understanding between the parties
27.    Ability to encourage parties to generate options and solutions (brainstorming; mind – mapping)
28.    Ability to organize common and separate sessions with parties, and recognize moments when each is required
29.    Ability to prepare a legally acceptable settlement agreement
30.    Ability to close the proceedings
31.    Ability to make post-evaluation and follow up with the parties
32.    Ability to perform professional self-evaluation to be able to improve skills.

CRITERIA TO EVALUATE PERFORMANCE OF THE MEDIATOR IN EXAMINATION

In order to objectively assess students' knowledge and skills in mediation, teachers are advised to use uniform, pre-defined criteria for testing knowledge. Thus, the assessment of the students would be determined in an objective and verifiable manner. For to evaluate performance of the mediator or the student passing mediation exam, the following criteria can be used.

Score (points)

Explanation

Learning level

10

Knowledge goes beyond the required amount of knowledge and demonstrates independent in-depth knowledge acquisition and deep understanding of issues related to mediation process and norms regulating mediator activity

Outstanding

9

Comprehensive understanding of the required regulatory acts, ethical norms, principles and methods of conducting mediation in a certified mediator. Ability to use the acquired knowledge and skills fully or almost always. Have the skills to use the acquired knowledge independently

Excellent

8

Acquired normative acts, ethical norms, principles and methods of conducting mediation in the professional activity of a certified mediator. Able to use the knowledge and skills acquired in standard situations, but there is a lack of understanding of some complex issues

Very good

7

Acquired normative acts, ethical norms, principles and methods of conducting mediation in the professional activity of a certified mediator. Able to use the knowledge and skills acquired, but there is a lack of understanding of certain issues

Good

6

A satisfactory understanding of the laws, regulations, ethics, principles and methods of conducting mediation in the professional activities of the mediator, but there is a lack of in-depth understanding of certain issues and inability to use the acquired knowledge in solving particular problems.

Almost good

5

In general, a satisfactory understanding of the legal acts, ethical norms, principles and methods of mediation management necessary for the professional activities of the mediator, but there are significant shortcomings in the ability to use the acquired knowledge in practice.

Average

4

Acquired superficial knowledge of the legal acts, ethical norms, principles and methods of conducting a mediation in a certified mediator, but is unable to use the knowledge and skills acquired

Almost average

3

Superficial knowledge of the most frequently used normative acts, ethical norms, principles and methods of conducting mediation in a certified mediator's professional activity and no skills to use them in practice

Poor

2

Very poor knowledge of the most frequently used normative acts, ethical norms, principles of mediation management, methods and methods of certified mediator professional activity and no skills to use them in practice

Very poor

1

There is no understanding of the most frequently used normative acts, ethical norms, principles and methods of conducting mediation in the professional activity of a certified mediator. There is no knowledge and skills required for the professional activities of a certified mediator

Unsatisfactory