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Maryland
Program for Mediator Excellence
Task
Group Reports The Maryland
Program for Mediator Excellence (MPME) will begin in early 2006 with
several branches of its “tree” in place: a mentoring program,
ethical practice standards, ethical training, an ombuds program and
continuing education. In addition, an enhanced online directory will
be launched and a computer support system developed to support the tree.
Development will continue on the “roots” or foundation of
the tree and additional branches will be rolled-out as they are ready.
The Roots • Consumer Education Root The Consumer Task Group has as its goal educating the general public about mediation as a means of conflict resolution. To accomplish this goal, the Task Group will be conducting county by county educational forums, designed to serve as clear and simple introductions for those who may have little to no understanding of what mediation is and how it might be beneficial. Scheduled to begin in January, the forums will take place in each of the twenty-four counties. In addition, the Task Group will be working to make sure that the online Maryland Mediator’s Directory is consumer friendly. • Mediation Definitions Root During 2004 and 2005, the Definitions Task Group conducted a survey of 250 mediators in Maryland regarding what specific mediation strategies they use, and how often. MACRO provided funding for a statistician to compile the results of the surveys and to determine inductively whether there are clusters of strategies indicating different approaches used by mediators in Maryland. So far, there appear to be three and possibly four different mediator clusters. Data from the demographic cover sheet for each survey is being compiled to indicate what demographic groups are in each cluster. • Ethical Practice Standards Root As indicated earlier, upon enrolling in the MPME, mediators agree to follow the program’s code of ethics. The Ethics Task Group is recommending that Maryland adopt the ethical standards recently adopted by the American Arbitration Association, American Bar Association and Association for Conflict Resolution with one change. The Ethics Task Group is recommending that Standard V. titled Confidentiality be replaced in its entirety with the current rule on Mediation Confidentiality contained in Maryland Rule 17-109. Review the Standards. • Training Standards Root The Training Task Group has developed a proposed list of training standards for basic mediation training courses in Maryland. Taking note of the wide variety of mediation styles, frameworks, and methods that are practiced in and out of the state, the Training Task Group tried to respect all ways of teaching mediation and all styles of practicing mediation. With this in mind, the Task Group found it challenging to limit or rigidly define specific training components or standards that all mediation training programs should include. The Task Group held two meetings, inviting mediation trainers from around the state to respond to the proposed training standards, as well as inviting trainers to respond in writing. Taking all the suggestions and concerns into consideration, the proposed standards are being revised. Topics covered include: trainer/trainee ratio; training time frame; curriculum subjects; training modalities; use and length of role plays, selection and role of coaches, trainer background, etc. The standards are expected to be voluntary and the MPME will not be certificating trainers at this time. Future projects for the Training Task Group include the development of standards for advanced training courses and other related courses. The Trunk The trunk of the MPME tree, which will support the MPME branches, is comprised of the three things a mediator must do in order to participate in the program. • Beginning Mediation training - Mediators must complete a minimum of 40 hours of initial mediation training. By taking this training, the mediator will have an understanding of the most basic and fundamental skills all mediators should have. This will be the entre’ for the mediator into a continuing skills development model for mediator professional growth. • Compliance with ethical standards and the grievance program - Mediators wishing to participate in the MPME will agree to comply with the ethical codes and standards of practice as adopted by the MPME, and to participate as needed in the Grievance/Ombuds program. This will ensure at least a basic level of consistency with mediator behavior and professionalism. • Commitment to continue skills development and improvement - This is the crux of the MPME and is the commitment by mediators to recognize that their initial mediation training is just the beginning of their development as mediators. It is this commitment that will take mediators to the branches of the tree. Because people learn differently, the MPME branches will provide a variety of options for mediators to continue building and developing their skills; from self reflection, to case discussion groups, to video taped assessments, to mentoring, and more.
• The Mediator Grievance Ombuds Process The Mediator Grievance Ombuds Program is a restorative process designed to resolve complaints about mediators. Each mediator who becomes a member of the Maryland Program for Mediator Excellence (MPME) agrees to comply with the ethics standards, and to cooperate with the Mediator Ombuds Process. If a complaint is received regarding a mediator who does not participate in the MPME, the Ombuds will still attempt to resolve the matter as a public service and to increase consumer confidence in mediation, even though the mediator is not required to cooperate. The Ombuds will explain the Grievance-Ombuds program to consumers and encourage them to work with MPME mediators. When fully implemented, the program will offer: (1) A system of timely responsiveness to concerns and complaints about the mediation experience; (2) a system that addresses mediation complaints in a restorative manner that complies with the principles of mediation; (3) a tangible service to help build public trust and confidence in the mediation field; (4) A system of accountability within the mediation field. Matters covered by the process include violations of standards of practice or ethics (including: interfering with self-determination, coercion, breach of confidentiality, misrepresentation in advertising, no follow-through, or inability to handle a matter), disrespectful behavior, and sexual or other harassment. • Continuing Education and Training Branch As structured, the MPME has a minimal training and experience requirement for entry and a commitment to ongoing quality improvement to remain in the program. One of the ways this requirement is met is through continuing education. The program recognizes that continuing education programs can range from case discussion groups, attendances as various conferences as well as semester course work. Initially, the MPME will not be providing programs under this branch, although it is envisioned this will occur in the future. MPME members will receive credit for participation in continuing education programs by forwarded attendance information to the Quality Assistance Coordinator.
The Ethics Task Group offered a Train-the-Trainers event in November, 2004, on methodologies for covering ethical issues in both basic and advanced mediation trainings. This training was lead by Mary Thompson from Corder/Thompson & Associates in Austin, Texas, and used presentations, demonstrations and experiential exercises to identify effective and/or new tools for teaching mediation ethics and to highlight and analyze training activities for teaching mediator ethics. There were also discussions about the implications of the workshop for Maryland trainers and for MPME members. A second pilot ethics training was given in October 2005 to test a Basic Ethics Course for Mediators. The Task Group is recommending that all MPME members take a basic mediator ethics course during their initial two years of membership (4 hours), as well as continuing ethics education every two years thereafter. Other projects for this branch include an Ethics Corner, ethics case study discussions and an ethics hotline. • Mentoring Branch The Mentoring Task Group completed a nine month mentorship pilot program this year, featuring three different mediation programs: the Conflict Resolution and Mediation Center of Montgomery County (CRCMC), which is a community mediation center; the Maryland Commission on Human Relations (MCHR), which has a mediator roster program; and a District Court small claims mediation program. A training for mentors and “learning partners” was conducted first. Then the mentoring partners worked out contracts, which were individualized for each mentoring pair. An evaluation was done by mentors and learning partners upon the conclusion of the pilot. Based on the experiences of the pilot, the MPME will be implementing a statewide mentoring program - on a small scale at first – involving additional mediation settings. • Networking Branch The MPME recognizes the enormous value of mediators coming together in a variety of forums to discuss a variety of issues, learn from each other, coordinate speakers and organize small trainings. MPME members will be encouraged to participate in existing practitioners groups, in formal and informal groups in various parts of the state and to establish new ones. A place on the MPME website listing activities around the state will be developed, so that items of this nature can be posted. Branches • Client Evaluation Branch The Evaluation Task Group is focusing at this time on developing an exit survey for mediation clients. They have identified the core areas for mediator exit surveys and have vetted these with mediators around the state. The Task Group proposes including the following questions and is recommending that a composite of the survey results be kept at the state level:
• Performance Based Assessment & Certification Branch The Certification Task Group has been working to create a voluntary, performance-based, statewide mediator assessment and certification program. As currently conceived, the Task Group recommends that the certification process be an option for qualified mediators participating in the Maryland Program for Mediator Excellence. The process would involve video taping certification candidates mediating in role play situation. Two senior, experienced mediators would observe the mediation, review the video, provide skills assessment to the certification candidates, make a determination regarding certification, and/or help the candidate develop a plan for improvement. Reviewers, with extensive mediation experience, would be specially trained to serve as reviewers, and would all go through the certification process themselves. To ensure legitimacy, the Task Group adopted the following principles to guide the development of the certification process: the process must be objective and consistent, transparent, reliable, free from conflict of interest, have respect for different mediation approaches and allow for continued skill building. Having completed one pilot program, the next step for the Task Group will be to develop both pilot programs and research projects to test whether the certification process meets each of the guiding principles. These include testing the model’s applicability to mediators practicing in various frameworks, assessing “inter-rater reliability” and planning a national forum on performance-based assessment and certification.
To achieve a high quality mediation practice, it is necessary to know what you do, why you do it and how you do it. Certainly some of this self learning could be accomplished by having someone observe and/or videotape a mediation session and providing an assessment. Having clients complete evaluation forms would also provide some information. However, taking time to do self-reflection is one of the best ways to answer these critical questions. Taking the time to think about and evaluate mediation sessions help to improve a mediators skills and will lead to better service for our clients. This branch will provide mediators with opportunities and resources to grow professional through self-reflection. The Tree is Organic - It’s Alive What you have just read is a snapshot of the Maryland Program for Mediator Excellence. In the same way that a tree grows and develops, so will the MPME. As feedback is received, pilot programs launched and evaluations completed, the current branches and leaves will mature and new ones will sprout. This is very much a living organism. To stay abreast of the developments, please visit MACRO’s website at www.marylandmacro.org Public Education Campaign – Spreading the Word! Information
about the Maryland Program for Mediator Excellence, including the Mentoring
Program will be disseminated in a variety of ways including forums,
educational workshops and seminars, newsletters, electronic listserves
and other advertising methods. To get the latest news on the MPME or other developments in ADR including information about trainings, job announcements and ADR related news, make sure you are on MACRO’s ADR Listserve. If you are not currently on MACRO’s Listserve, send your name, email address and phone number to Alecia Parker at Alecia.Parker@courts.state.md.us
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