Learn about Mediation and Conflict Resolution practice

The values of conflict resolution
The skills and qualities of a mediator
Code of conduct
Accreditation
Becoming a mediator
See Maria’s Master’s degree essays

The values of conflict resolution

We need to be open about conflict – not just give in to a ‘fight or flight’ reaction. Conflict is the source of changes for the better in our society, a force for progress but only if handled respectfully and openly.

All parties to a conflict should participate in its resolution - high authority procedures like litigation take conflict out of the hands of the parties involved. People using them often feel confused and out of control. Mediation provides for participation, the parties retain control over the decision-making, and work at their own pace, in language they can understand.

Conflict is a shared problem – viewing parties to a conflict as at ‘opposite poles’ generally limits solutions to those in which one party wins and the other lose. By visualising conflict as a shared problem, the parties can face it together and have the chance to build, rather than destroy, a relationship.

Co-operative conflict resolution depends upon certain skills – people can be taught these skills and thus handle conflict more productively.

Mediation can empower people – when people are involved in a conflict they are often not sure of their own power. They may even feel completely powerless. Mediation empowers people to see that they can work through their own problems with each other, and also deal more effectively with them in the future. It also provides safeguards to reduce the risks of power imbalances.

Violence is not an appropriate method of resolving conflict – constructive conflict resolution requires trust, seeks to create a safe place and time to settle differences, and to keep violence out of existing disputes. It also seeks to prevent situations escalating into violence in the future. It offers a real alternative to violence.

Focusing on interests not positions provides more possibilities for people in conflict – people in conflict often take up very rigid positions. These are one parties’ solution to an issue – ‘I want you out’, ‘I’m staying put’. Mediations shifts the focus to people’s interests – their concerns about an issue – ‘I want a peaceful life’, ‘I want to be free to live my life the way I choose’. It seeks to identify their interests, explore whether they have any common ground, and negotiate how they might reach agreements which satisfy both their interests.

There is a need for personal, strategic and socially acceptable alternatives to traditional methods of resolving disputes – for many involved in a dispute, the choices seem to be: ignore, be nasty, call the police, use violence, go to court, retaliate. Mediation is an alternative to these. It costs less and takes little time. Unlike most other choices, mediation lets people reach agreement without deciding who is to blame, and without labelling someone a winner and someone a loser.

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Skills and qualities of a mediator

SKILLS

Listening and general communications

Giving people space to say what they need to, feeding back accurately what they say, asking appropriate, encouraging questions and gathering facts effectively.

Summarising
Being able to gather together and re-present facts, feelings, issues and ways forward.

Building rapport
Creating the feeling in other people that their thoughts and feelings are understood, giving them a chance to make their own decisions, at their own pace, and demonstrating a real interest in helping parties resolve their dispute.

Assertiveness
Being clear about your own needs, and able to express them to other people without putting them down.

Facilitation
Assisting other people to communicate, listen, express emotions and concerns.

Problem-solving
Finding our facts, identifying problems, looking at what can be done about them, and working out plans of action.

Conflict management
Staying clam, being assertive, encouraging communications between parties when emotions are running high, defusing anger, acknowledging and responding to strong feelings, keeping positive.

Presentations skills
Able to put across ideas, create summaries in ways which help people build understanding. Realising the effectiveness of verbal expressions, gesture and body language in communicating with the parties and using them appropriately.

Management of the mediation process
Able to put together a variety of skills, provide a structure for the parties and keep control of the process.

QUALITIES

Understanding of situations and people
Has experience with people, some understanding of various different kinds of behaviour, the necessary substantive knowledge of the issues, and a familiarity with relevant rules or guidelines.

Ability to learn from experience
Willing to build on knowledge, self-awareness, and understanding of others.

Genuineness
Honesty, knowledge of one’s own strengths and weaknesses.

Openness to other people
Respect, understanding of differences, and an awareness of own prejudices.

Impartiality
Is concerned about the outcome for both sides and has the ability to demonstrate that to the parties.

Self awareness
Pays attention to own feelings and behaviour, so as not to treat the parties unfairly without realising it.

Flexibility
Is able to change process in order to meet the needs of each situation

Balance
Has the ability to be aware of own feelings, and balance them with the needs of the situation; can match the need for authority and control with a concern for the parties.

Commitment to equal opportunities
A willingness to build an understanding of how ‘isms’ such as racism, sexism and ageism play a part in disputes between people, to be aware of different cultural needs, and to work with a diversity of clients and colleagues in an even-handed not-discriminatory fashion.

Analytical ability
Has the ability to assess realistic chances of change and agreement; knows when to stop and when to continue.

Creativity
Ability to come up with ideas, try different ways of working where necessary, and be flexible to changing situations.

Professionalism
Take work seriously, is prepared and on time, is respectful to parties at all times.

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Code of Conduct

The European Code of Conduct for Mediators is the most recognised
for UK mediators.

http://ec.europa.eu/civiljustice/adr/adr_ec_code_conduct_en.pdf

There are three practice areas where accreditation is nationally recognised.

Civil (commercial) and Workplace (employment) mediation are accredited by the Civil Mediation Council.

Family (divorce) Mediation is accredited by the Family Mediation Council.

This means that the mediation providers and their mediators have passed a recognised training course and adhere to certain practice standards.
Scotland has its own system through the Scottish Mediation Network

Mediators usually pursue accreditation in order to become part of a registered panel
that accesses mediation casework.

There is no other recognised accreditation process. Some organisations provide their own ‘accreditation’.

Some providers accredit mediators using the Open College Network. The Centre
for Peaceful Solutions is a registered OCN provider and can provide training up to OCN level 3

Accreditation is not a guarantee of skill or quality. There are good and bad mediators like there are good and bad doctors, teachers or lawyers.

The most important consideration in working with a mediator is your own sense of what is happening and your own desire to settle.

You may feel challenged but you should not feel forced into any outcome. You might change your desired outcome because it makes sense to you to do so. You should feel empowered to ask the mediator about anything you do not understand.

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Becoming a mediator

Mediating is rewarding and fulfilling. It is challenging and inspiring. However, we do not live in a society where people self refer as a matter
of course so getting work can be difficult.

The best way to start is with a basic mediation training which should be at least 30 hours. The training should include role plays. The training will give you the basics but it is very important that you can observe a live mediation with a skilled and experienced practitioner soon after the training. The next step is to assist a mediator and then finally to lead a mediation with a skilled and experienced mediator to support you.

You will also need to build your practice through a mixture of ongoing training, peer discussion, supervision and casework.

Personal growth and development are also important. Self awareness leads to better practice.

There are a few routes to working as a mediator:

Setting up in private practice
Getting onto a mediation provider’s panel of mediators
Volunteering with a mediation service
Finding employment with an organisation (these opportunities are rare)

Being inventive helps; if you can find areas that would benefit from mediation and conflict resolution start networking and marketing and you can create opportunities.

The Centre for Peaceful Solutions began in 2006 after Maria Arpa found herself working in areas of immense poverty. Maria did not want to start a business that could profit from people’s misery. However, she did need to sustain herself and her family on a living wage so the charity started with a small group of committed people. As its CEO, Maria earns a salary from the charity, (which she only draws when the charity has sufficient funding) and the charity provides pro bono work in the community. The ethics work because no one profits from conflict.

Maria completed the MSc in Mediation and Conflict Resolution Studies at Birkbeck in 2008.

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www.civilmediation.org
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