|  The
ACR Workplace Mediator AP Designation
Introduction:
The Mediator referral service provides
a list of all current Advanced Practitioner (AP)
members of the Association for Conflict Resolution
(ACR) who practice in the areas of workplace mediation
or arbitration, including labor and employment
issues. All practitioners on the list have met
strict training and experience requirements:
Training:
Approved mediators have completed a minimum
of 40 hours of conflict resolution training
in addition to three years (or 200 hours) of
experience in the field of dispute resolution
and collaborative decision-making. Approved
mediators have also completed an additional
24 hours of relevant education and training
in mediating workplace disputes beyond the basic
mediation skills training received four years
prior to approval.
Experience:
Approved mediators have completed at minimum
of 20 solo mediations and 80 hours mediating
workplace disputes, with at least four years
of experience.
Other Requirements:
-
To apply for the Advanced Practitioner
designation, the mediator must be a Practitioner
member of ACR.
-
A minimum of 15 hours of volunteer service
to the field, including three hours providing
guidance, mentoring, or supervision services
to other mediators.
How
to Apply
If you meet the minimum criteria and wish to
apply for Advanced Practitioner status, complete
the Advanced Practitioner application form and
return it to ACR. The Workplace Section Advanced
Practitioner Designation committee will review
your qualifications. A decision on your membership
status will be made 60 to 90 days from date we
receive your application.
Please provide one original and three copies
of your application and all requested documents.
Please read below for more information on the
standards necessary to qualify for the Workplace
Advanced Practitioner designation.
Workplace
Mediator AP Designation
Minimum Standards
I. Introduction
The Advanced Practitioner – Workplace
Mediation Committee of the Workplace Section
was challenged to develop requirements for an
Advanced Practitioner - Workplace Mediation
member status with the Association for Conflict
Resolution (ACR). This Advanced Practitioner
- Workplace Mediation member status represents
a significant level of experience and training
in issues specifically related to the workplace
and litigated employment disputes beyond the
Practitioner level of membership. The Advanced
Practitioner - Workplace Mediation member status
represents a high level of experience in mediating
workplace issues. ACR is not a credentialing
or certifying entity, but serves our members
by publicly recognizing experience in the field
of ADR.
In generating the components of the requirements,
we considered a number of issues:
-
Diversity of
-
training, e.g., apprenticing, formal
education, specialized training programs;
-
education and professions of origin;
-
experience and knowledge;
-
practice arenas for workplace and
litigated employment case mediators;
-
Geographic constraints on meeting established
requirements;
-
The needs of ADR consumers for mediation
services applied to workplace and litigated
employment issues;
-
How to measure competency;
-
The negative perception among members
of creating rigid criteria that would establish
a market for training for certain ACR members
to the exclusion of alternate options.
General eligibility for application for and
renewal of Advanced Practitioner - Workplace
Mediation member status requires that the applicant
be a Practitioner Member of ACR in good standing
and show evidence of liability insurance in
force that covers provision of mediation services.
Applicants are not required to be members of
the Workplace Section prior to application for
Advanced Practitioner - Workplace Mediation
member status. However, membership in the Workplace
Section is required for initial and continued
Advanced Practitioner - Workplace Mediation
member status.
Other requirements are detailed below.
II. Application
and Review of Initial Application
A. Initial application Applicants
who believe that they meet the requirements
for Advanced Practitioner - Workplace Mediation
member status shall complete an application
form provided by ACR and submit it, along with
all supporting documentation and fees required
(described below), to the designated ACR staff
member.
B. Initial review The designated
ACR staff member shall review the application
and attachments for completeness, procedural
compliance, and adherence to the Standards.
The ACR staff member shall forward all complete
applications to at least one, and not more than
three, members of the Advanced Practitioner
- Workplace Mediation Review Committee for comment
and decision on the granting of Advanced Practitioner
- Workplace Mediation member status. The Review
Committee shall be comprised of volunteers.
Procedures for review may be changed from time
to time upon notice to members.
C. Appeals An appeals process
is described in Section VIII below.
III. Training Requirements
for Advanced Practitioner - Workplace Mediation
Status: Initial and Renewal
To encourage diversity of training experiences,
the training requirement may be satisfied in
a number of ways, including, but not limited
to, courses in an accredited university or graduate
program, CLE/CEU courses, advanced training
programs, and teaching. Substantive knowledge,
understanding of process, and mediation skills
comprise the core components of the training
required.
In compelling circumstances, applicants may
be able to substitute experience and/or substantive
knowledge for a portion of the training requirement.
A. Initial qualification To qualify
initially for Advanced Practitioner - Workplace
Mediation member status, the applicant must
show evidence of having completed twenty-four
(24) hours of relevant education and training
beyond the initial 40 hour basic mediation training
within the four (4) year period prior to the
date of application. This education and training
must include, but is not limited to, subjects
in the three core areas in IV, below, with no
fewer than six (6) hours in each of the three
areas.
B. Continuing education As part of the
tri-annual application process for renewal of
Advanced Practitioner - Workplace Mediation
status, the member must show evidence of having
completed eighteen (18) hours of continuing
education and training within the three (3)
years prior to application for renewal. Training
may be drawn from the subjects in the core areas
identified under IV, below, or from other areas
shown to be relevant to the practice of workplace
mediation.
Time to Renew?
Download the Affirmation for
Compliance with Requirements for Renewal.
C. Teaching and training credit
Applicants for initial qualification or renewal
of Advanced Practitioner - Workplace Mediation
member status, and who are experienced teachers
or trainers of subjects in IV below, may substitute
their teaching or training time of these subjects,
on an hour for hour basis, for up to two-thirds
(2/3) of the required hours of education and
training.
IV. Core Areas of Education
and Training for Workplace Mediators
The Advanced Practitioner - Workplace Mediation
member must be knowledgeable in substance, process,
and application of knowledge and skills related
to the workplace and employment issues. The
core training components related to knowledge
of substance, process, and application of this
knowledge reflect this need.
Education and training required under Section
III must be draw from subjects in the three
core areas below, except as stated in Section
III.
A. Substantive knowledge
Understanding the context of workplace issues
is important to the successful practice of mediation
in the employment arena. Knowledge of the laws
governing the workplace, the terminology used
in workplace claims, available remedies, and
the impact of company procedures, external regulating
agencies and the courts on such claims is required.
The following subjects provide examples of workplace
knowledge.
1. Law and developing issues: Human and civil
rights laws and issues (In the United States,
e.g. Title VII, EEOC, Wage and Hour Act, ERISA,
FMLA, and Labor Relations,) as well as such
issues as workplace violence, and the effects
of current events on the workplace.
2. Understanding Claims: e.g. terminology of
workplace issues and claims, standards of proof,
and damages.
3. Remedies: e.g. common settlement agreement
provisions and agreement drafting issues, review
by employer, agency, and court.
4. Procedures: e.g. filing deadlines and procedures,
case management issues, collective bargaining
agreements, and mediation intake procedures.
5. Special issues: e.g. large-group mediations,
multiple claims, formal class actions suits,
and ethical issues especially likely to arise
in workplace disputes.
6. Diversity and equity: e.g., cultural issues
in workplace mediation, fairness, etc.
B. Knowledge of process
A thorough knowledge of the process of mediation
is critically important when mediating workplace
issues and claims. How conflict develops in
the workplace, power issues, the emotions involved
and mediating with large groups or class action
claims, for example, are some of the process
issues with which the Advanced Practitioner
- Workplace Mediation should be thoroughly familiar.
Relevant subjects may include:
1. The dynamics, causation, and effects of
workplace conflict, with exploration of its
relevance to mediation, e.g. communication,
trust and power issues, workplace culture, and
the emotional impact of workplace conflict.
2. The special aspects of typical workplace
mediation, e.g. managing multiple parties with
differing interests, access to authority, power
issues, representatives in mediation (attorneys,
union officials, friends/family, disabilities
and/or civil rights advocates, multiple management
layers, etc.), organization culture, special
issues in confidentiality and ethics, and the
effect of disabilities on the organizational
process.
C. Application of skills and knowledge
Applying the skills and knowledge to workplace
issues requires experiential training. Therefore,
the use of techniques in which mediators can
apply knowledge and skills is an essential part
of training. The use of case studies, role-plays,
and demonstrations are an important learning
tool. It is recommended that advanced training
in mediating workplace/employment disputes include
some, if not all, of the following components:
1. Case studies: Case studies that allow for
analysis of positions and interests are an essential
part of understanding workplace conflict. Other
components that are useful to explore with the
case study method are unearthing hidden agendas,
understanding the external forces affecting
decision-making, and the no agreement alternatives
available to participants in the mediation process.
Other skills that may be elicited through the
case study method include recognizing interventions
appropriate to the circumstances and the range
of possible outcomes to the dispute.
2. Role plays: Realistic workplace and litigated
employment dispute fact patterns, to include
multi-party cases, should be used in small group
role-plays. Ideally, experienced mediators trained
in both substance and training, should provide
real-time coaching in small groups.
3. Demonstration: Role-play demonstrations
by the trainer are appropriate but these should
not constitute a majority of the training.
Focused interactive sessions: Dealing with
difficult parties, specific issues that arise
in the workplace, specific mediation dynamics,
and/or how to deal with substantive issues may
be demonstrated or addressed via a focused role-play
in front of the larger group.
V. Experience and Service
Requirements for Workplace Mediators
To qualify initially for Advanced Practitioner
- Workplace Mediation member status, the applicant
must show evidence of having completed the following
within the four (4) years preceding the application:
A. Experience
The applicant must submit an affidavit (included
in the application) attesting to having satisfied
the following experience requirements:
1. Participation as a lead or solo mediator
in a minimum of twenty (20) workplace/employment
cases.
2. Completion of a minimum of eighty (80) hours
as a lead or solo mediator in workplace/employment
disputes.
B. Service to the field
The applicant must submit an affidavit (included
in the application) attesting to having completed
a minimum of fifteen (15) hours of volunteer
service to the field, which must include at
least three (3) hours of service to the field
as described in paragraph 1, below, within the
four (4) years preceding the application. Service
to the field may include, but is not limited
to, the following:
1. Provision of at least three (3) hours of
service to the field providing guidance, mentoring
or supervision services to mediators for which
no compensation is received. (Required [1])
2. Volunteer mediation.
3. Service to the mediation field such as involvement
in professional associations like ACR, regional
chapters of ACR, state mediation associations,
etc.
4. Provision of workshops or presentations
for which no compensation, other than travel
related expenses, is received.
C. References
The applicant must submit written letters of
reference with the application form as described
below.
1. Colleagues. Two (2) letters of reference
from colleagues who are familiar with your workplace/employment
mediation experience.
2. Consumers of services. Two (2) letters of
reference from those who have used your services
in mediating workplace/employment issues. For
example: organizational contacts, attorneys,
directors of mediation programs, and/or clients
who will provide references without breaching
confidentiality or who will waive confidentiality
for this purpose.
3. Mentee. One (1) letter of reference from
a mediator to whom you provided guidance, mentoring
or supervision.
VI. Other Requirements
A. The applicant must affirm his/her
commitment to the standards of ethics of ACR.
B. The applicant must either provide
evidence of liability insurance in force that
covers the provision of mediation services,
or explain why individual coverage is not required
(for example, because the applicant provides
mediation services as part of a public or self-insured
program or a program that provides blanket coverage
for its mediators.)
Time to Renew?
Download the Affirmation for
Compliance with Requirements for Renewal.
VII. Tri-Annual Renewal
A review of the Advanced Practitioner - Workplace
Mediation member’s compliance with the
requirements detailed below will be conducted
every three (3) years. Should a member fail
to meet these requirements, Advanced Practitioner
- Workplace Mediation member status may be suspended
for a period not to exceed six months during
which time the member must provide evidence
of compliance. After six months of non-compliance,
the member must reapply for Advanced Practitioner
- Workplace Mediation member status. Exceptions
to the above may be made for good cause, including
but not limited to significant or lengthy illness
or injury of member.
In order to maintain the Advanced Practitioner
- Workplace Mediation member status, the member
must:
1. Complete and submit the
renewal form provided
by ACR.
2. Be an Advanced Practitioner - Workplace
Mediation member in good standing with ACR.
3. Complete eighteen (18) hours of continuing
education on issues related to workplace mediation,
which may be satisfied by CLE/CEU’s, workshops,
courses at accredited universities and graduate
programs, attendance at conferences, teaching,
etc. as defined in Section III, above.
4. Show evidence of liability insurance in
force that covers provision of mediation services.
VIII. Appeal Process
Applicants for initial qualification or renewal
who disagree with the ACR determination to deny
approval or to require additional evidence before
approval may appeal that determination within
thirty (30) calendar days following the date
of receipt of the ACR notification letter as
follows:
1. An appeal, detailing the reasons for the
appeal, shall be submitted in writing to ACR.
ACR shall convene a three person panel comprised
of members of the Advanced Practitioner - Workplace
Mediation Committee of the Workplace Section
of ACR and/or Advanced Practitioner - Workplace
Mediation members. The appeal panelists will
each review and comment separately on the application
and make a recommendation for approval or denial.
A majority vote on approval of the application
will be required to change the initial determination.
If a denial is issued, a letter specifying the
reasons, along with recommendations on how to
successfully achieve Advanced Practitioner -
Workplace Mediation member status, will be issued.
2. Reapplication for Advanced Practitioner
- Workplace Mediation member status may not
occur fewer than six (6) months after the date
of initial denial. A separate fee will not be
required for the reapplication.
IX. Fees
Fees help to defray the cost of ACR staff time
and expenses for coordinating the review process
and approval process. Fees may be changed periodically.
A. Application fees A non-refundable
application fee of $75 is required at the time
of submission of the initial application.
B. Annual dues ACR shall establish
annual dues for Advanced Practitioner - Workplace
Mediation members. ACR reserves the right to
change the dues structure from time to time.
[1] The provision of guidance to, supervision
of and mentoring of new mediators is considered
an extremely important component of being an Advanced
Practitioner and of demonstrating commitment to
the field. Therefore, providing three (3) hours
of services on a pro bono basis is the minimum
required to satisfy this component. It is hoped,
and expected, that most Advanced Practitioners
will do more than the minimum.
Questions?
Please contact the Member
Concierge Center us at
membership@acrnet.org.
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