Criteria skillstest mediator

FINAL TERMS SKILLSTEST MEDIATOR
Version: August 2016
MEDIATIONPROCESS
The candidate is able to apply all aspects of the mediation process and techniques in a professional way as well as make all involved parties familiar and comfortable with these processes.
COMMUNICATION
The candidate designs his way of communication between parties in such a way that (1) safety is the number priority, (2) respect is shown with all involved parties, (3) room for change is made, (4) new insights are created, (5) obstacles to reaching the end goal are eliminated and (6) progress is made.
NEGOTIATION
The candidate is, in a professional way, (1) able to conduct and complete negotiations with all involved parties about terms and conditions with respect to participation in the mediation process and (2) able to stimulate negotiations with parties as well as guide parties through negotiations and then complete these negotiations.
LEGAL ASPECTS
The candidate (1) applies all legal conditions and demands which correspond with the law that applies to him/her in relation to the accepting of a mediation assignment and the execution of the accepted mediation assignment and (2) makes sure that involved parties are aware of the legal aspects of the mediation process as well as substantive knowlegde of the dispute and conflict.
PERSONAL HANDLING AND PROFESSIONAL ATTITUDE
The candidate is (1) aware of the (necessary) commercial and business aspects of his/her/the mediation office, (2) a decisive process manager who upholds all mediation related processes and gives parties a sense of personal leadership, (3) physically and mentally able to conduct mediation sessions, (4) is professional and knowledgable, (5) able to cope with emotions and non-functional behaviour as well as the occurance of third parties, (6) enthousiastic and stimulating towards all parties and the mediation process itselves.
TESTABLE ELEMENTS SKILLS TEST ADR.NL.0350 0360 0370 MEDIATOR
GENERAL
  • Making and structuring the agenda
  • Guarding an inbalance of knowledge, incorrect division of power, manipulation, trading
  • content and feelings based reflections and evaluations
  • Guarding of special emotions and feelings such as fear, pain, mourn, sadness, worry
  • Equality between parties, f.i. discussion times
  • Leave all problems in ownership of involved parties
  • Stimulate parties to reflect and evaluate themselfves
  • Conclude / resume
OPENING
  • Agenda and time path
  • Commitment and voluntariness
  • Confidentiality, secrecy, discretion and priveliges within the mediation proces
  • Mandates and confidentiality of advisors, third parties, sollicitors, other persons (contract / agreement)
  • Mandates and confidentiality for the parties (contract / agreement)
  • Ability to perform mediation
  • Mediationproces
  • Neutrality
  • Meeting report
  • Making the final settlement statements / ruling between parties (general conditions, decision list, contract, agreement)
  • Making the mediation contract between the parties and the mediator (agreement, or a letter ordering a mediation session)
  • Conjoining of separate (legal) procedures and the actions and agreements/decisions made about this.
  • Fees of the mediator and the advisors including travel & location costs, costs of third parties, office costs etc.
  • Confidentiality
  • Testing against contra indications.
EXPLORATION
  • No hidden information?
  • Clear split between content and emotion
  • Use of advisors, sollicitors and third parties
  • Splitting cause and effect, splitting facts and persons/company
  • Positions are translated into interests
  • Applying caucus
Negotiation
  • Testing of agreements / results for equity, proportionality and reasonableness
  • Testing of agreements / results for expectable result / output other than mediation
  • Testing of the sustainability of the agreements made with regards to long term future
Closing
  • Concluding invoice
  • Finalyzing the agreements between parties( decision list, agreement, contract)
  • Testing for customer satisfaction / performance review

Exams