ACR Response to the FMCS Roster Proposal: Guiding Principles

1. Mediation Qualification Criteria established by governmental agencies should:

a. Reflect knowledge and skills relevant to the effective mediation of anticipated governmental agency referred disputes and should emphasize effective collaborative conflict resolution skills;

 

b. Include experience requirements relevant to effective mediation such as mediation, facilitation, and dispute resolution system design consultation and should not include such activities as arbitration, mini trials, and fact finding proceedings;

 

c. Recognize the value of mediation experience across different types of disputes;

 

d. Recognize the value of mediation training across different types of disputes and not just dispute-specific mediation training;

 

e. Emphasize acquisition of effective mediation skills over substantive knowledge of any specific area of law;

 

f. Permit a diversity of mediation styles consistent with program objectives;

 

g. Assure a diverse group of qualified mediation professionals based upon gender, race, culture and other relevant qualities;

 

h. Be easily understandable and clearly articulated.

2 Determinations concerning the qualification of mediators to be listed or de-listed should be subject to an appeal process where principles of due process protection are assured. In addition, more informal methods for resolution should be available as well.

3. Mediator standards of professional conduct used to determine appropriate mediator behavior should reflect basic mediation principles such as party self-determination, empowerment, impartiality and neutrality of the mediator, and other principles as established in the Model Standards of Practice for mediators as adopted by SPIDR, ABA, AAA and other interested practitioner groups.

4. Restrictions on the ability of a mediator to serve in a particular case should be governed by relevant mediator standards of professional conduct, such as in the Model Standards of Practice for mediators as adopted by SPIDR, ABA, AAA, etc.

5. Governmental agency lists of qualified mediators should be open to all who meet the established criteria.

6. Governmental agency lists should be reviewed periodically to assure mediator compliance with appropriate ethical standards and encourage appropriate continuing mediation education.

7. Selection procedures for providing mediator names to interested disputants should be fair and reasonable and provide information on mediators to allow consumers to make informed decisions.

8. Program policies should be consistent with the eleven principles set forth in the Association for Conflict Resolution's response to the Uniform Mediation Act.

About ACR's Legislative and Public Policy Leadership

ACR's Legislative and Public Policy efforts are focused on promoting the field of conflict resolution to the general public; informing members about, and shaping, important public policy developments in the field; and creating the structures for ACR to support the growth of the field.

The Legislative Public Policy (LPP) Committee is chaired by Gregory Firestone, Ph.D. and Anne B. Thomas.