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Final NMMA Mediator Certification Process

NEW MEXICO MEDIATION ASSOCIATION

MEDIATOR CERTIFICATION PROCESS

Submitted for Board Consideration by the 2007-2008 Field Development Committee July 9, 2007
Revised and Resubmitted for Board Consideration August 7, 2007
Accepted by NMMA Board of Directors August 9, 2007

PREAMBLE ...................................................................................................... 3
Introduction................................................................................................... 3
Definition of Mediation .......................................................................................3
Ethics and Standards of Practice...............................................................................4
Benefits of the NMMA Certification Program ................................................................... 4
Intentions of the NMMA Mediator Certification Process ........................................................ 5
NMMA Certification Requirements ...............................................................................7
NMMA General Practitioner Certification .......................................................................7
Program Description ...........................................................................................7
Program Requirements...........................................................................................7
Maintaining General Practitioner Certification ............................................................ ....10
Expiration and Reapplication....................................................................................11
De-Certification Process ...................................................................................... 12
Investigation of Complaints.....................................................................................12
Appeals Process ............................................................................................... 13
Reapplication ................................................................................................. 13
Cost............................................................................................................14
Fee Structure .................................................................................................. 14
Refund Policy................................................................................................... 14
NMMA certification Committee Structure.......................................................................... 15
Certification Committee..........................................................................................15
Criteria for Membership ........................................................................................ 15
Review and Approval Process .....................................................................................15
Administrative Responsibilities .................................................................................16
Costs........................................................................................................... 17
Future development ............................................................................................. 18
Additional Certification Levels..................................................................................18
NMMA-Provided Training and Education ............................................................................18
Reciprocal Certification ........................................................................................19
CERTIFICATION DEVELOPMENT........................................................................................20
Short History....................................................................................................20
Committee Members............................................................................................... 20

I. PREAMBLE

A. Introduction

Many states, jurisdictions, and organizations have begun to set standards and requirements for competency for mediators. By a unanimous vote at the 2006 Annual meeting, the membership of the New Mexico Mediation Association empowered the Board of Directors to join this effort by implementing a voluntary certification program for Association members.

Voluntary certification is important not only for what it does, but also for what it symbolizes. Mediation training, knowledge, and experience are seen in the mediation community as strong indicators of competency, thus voluntary certification allows practitioners to demonstrate the steps they have taken to develop themselves as professionals in the field of mediation, and gives the public a way to gauge the competency of participating mediators. Though it does not warrant competency, a practitioner's participation in NMMA's voluntary certification process states his or her willingness to take the necessary steps to prepare adequately to provide effective support for people in conflict who choose to pursue resolution through mediation. In addition, participation in a voluntary mediator certification process reflects a practitioner's commitment to NMMA's Ethics and Standards of Practice, as listed below.

B. Definition of Mediation

For purposes of certifying practitioners of mediation, the mediation process is defined as follows:

Mediation is a process of dispute resolution in which one or more third parties intervene in a conflict or dispute with the consent of the participants. In mediation, the decision-making authority rests with the participants themselves. Recognizing participants' needs, cultural differences, and variations in style, mediators assist participants in defining and clarifying issues, reducing obstacles to communication, exploring possible solutions, and reaching a mutually satisfactory agreement if so desired by the parties. Whether or not an agreement is reached, mediation presents the opportunity to express differences, explore commonalities, and to develop relationships based upon mutual understanding.1

NMMA's adoption of this definition should not be construed as an endorsement of any one model or style of mediation to the exclusion of others. Certification is open to mediators with a broad range of backgrounds, cultures, education, training, approaches and philosophies.

C. Ethics and Standards of Practice

NMMA members and its certified mediators agree to abide by NMMA's statement of Ethics and Standards of Practice, which may be amended from time to time.

D. Benefits of the NMMA Certification Program

The NMMA Certification Program offers at least four important benefits:

1. The certification process allows for a more uniform verification of mediation training, experience, and study by practitioners.

2. The certification process establishes a more solid foundation of competency and professionalism. Certification provides practitioners with a symbol of their personal and professional commitment to a disciplined course of study, scrutiny by their peers, mentorship by more experienced mediators, the opportunity to mentor less experienced ones, and adherence to the higher principles of professional practice.

3. The certification of mediators offers the public a way to gauge the qualifications of mediation practitioners. While certification is not a warranty of a mediator's competency by NMMA, it remains a useful factor to be considered by the public when choosing a mediator.

4. The certification process allows NMMA members to influence the future development and direction of the field by creating standards of professionalism and competency for mediators in New Mexico.

1 As taken from ACR's Task Force and amended by the NMMA Certification Committee

E. Intentions of the NMMA Mediator Certification Process

NMMA recognizes that mediators may have concerns about the intent of the certification process. The intentions for the NMMA mediator certification process are as follows:

1. The certification process is intended to encourage professionalism and the professional development of mediation practitioners. There is no intention to use, confuse or substitute educational degrees, whether basic, professional or advanced, with certification.

      1. The certification process is designed with heightened attention and respect for all manner of diversity in the broadest sense. Diversity includes, but is not limited to,
     2. differences of race, gender, ethnicity, age, cultural background, religious affiliation, socioeconomic status, sexual orientation, disability, and language.
2. The certification process is intentionally designed to accommodate different approaches to mediation practice that respect self-determination of the parties and other core principles of mediation practice. The certification process is intended to intrude as little as possible on the choice of creative practice styles or on the choice of different schools, approaches or philosophies of mediation by individual practitioners.

3. The certification process is not intended to undermine or be a substitute for other certification processes, either national or state.

4. The certification process is designed to be cost-effective and not unnecessarily bureaucratic.

5. The certification process is available to any member of NMMA who wishes to so designate his or her professional qualifications.

II. NMMA CERTIFICATION REQUIREMENTS

A. NMMA General Practitioner Certification

1. Program Description The General Practitioner Certification process signifies that a mediator has achieved a generally accepted foundation in knowledge, training and experience in the mediation process. While the General Practitioner Certification in no way prevents a mediator from mediating in any specific area of practice, neither does it endorse a mediator as qualified for any specialized area of mediation for which advanced training, skills or knowledge may be advisable or requisite. As set forth in NMMA's Ethics and Standards of Practice, a mediator is ethically bound to disclose his or her training and experience relevant to a specific dispute, and the use of the General

2. Practitioner Certification as a blanket statement of qualification for any and all types of disputes may constitute an ethical breach.

     1. Program Requirements General Practitioner Certification has three components: training, experience and mentorship. Experience must be actual experience managing and conducting mediations, whether as a solo mediator or co-mediator. To be considered for General Practitioner Certification, a mediator must be a member in good standing with NMMA, have signed NMMA's mediator Ethics and Standards of Practice document, and must submit a signed application and affidavit documenting that he or she has:

     a) Completed at least 100 total hours of training or academic coursework in conflict resolution in an approved program. An "approved program" is training and/or academic programs offered by accredited educational institutions2, is a 40 hour "Approved Program" according to the Association for Conflict Resolution (ACR), or is approved the NMMA Certification Committee prior to or as a part of the application process. Of these 100 hours:

        1. 40 hours must consist of a basic mediation training course in mediation process skills, which includes significant role play practice observed by an experienced mediator

2. 8 hours of the 100 total training hours must specifically include mediation ethics, including the unauthorized practice of law in New Mexico. If a portion of the basic training was dedicated to mediator ethics, those hours will count towards this requirement.

3. The remaining hours may be satisfied with continuing education classes, workshops or training in conflict resolution and/or related training or education.3

b) Conducted at least 100 total hours of solo or co-mediation within the last five (5) years. Observation of mediation sessions does not constitute mediation experience

IE. Accreditation by the U.S. Department of Education, the Council for Higher Education Accreditation, the American Council on Education, the Council on Postsecondary Accreditation, the ABA or similar accrediting organizations. The general practitioner certification process is specific to mediation and does not include hours spent in meeting or group facilitation, peacemaking, settlement facilitation, or arbitration.

c) Sought and received 10 hours of mentorship from experienced mediator, which may include observation, co-mediation, or case consultation. A "qualified mediator" is a mediator with at least five years of mediation experience who is certified as an NMMA General Practitioner, an Advanced Practitioner by the Association for Conflict Resolution, a "Senior Mediator" by mediate.com, or other certification program that meets or exceeds NMMA's General Practitioner standard. "Observation" is observing a mediation by a qualified mediator and includes debrief time with that mediator. "Co-mediation" is mediating with a qualified mediator and includes debrief time with that mediator. "Case consultation" is a meeting with a qualified mediator in which the applicant discusses one or more cases and seeks the consultant's opinions, advice and input regarding that case. Note: Co-mediation hours may also count towards the experience component of certification.4

d) Disclosures. Disclosed any felony convictions or professional disciplinary actions involving dishonesty or ethical violations. Any such violation within the last five years will be grounds for the Certification Committee to decline and or defer an application for NMMA Certification (Failure to disclose complete and accurate information concerning any such convictions or actions constitutes grounds for de-certification once the errors or omissions are discovered.)

4 For the first six months after the certification program is instituted, "qualified mediator" is additionally defined as a mediator with five or more years of mediation experience who states that he or she has more than 100 total hours of training and 100 total hours of experience as a solo or co-mediator.

3. Maintaining General Practitioner Certification

The initial certification will be valid for a period of two years, and must be renewed every two years thereafter. To maintain certification, a mediator must submit an application documenting that the mediator has:

A. Completed 20 hours of continuing education over the previous two-year period of certification, including 4 hours each of ethics and cross-cultural issues. Continuing education hours will be recognized for a broad spectrum of trainings, presentations, continuing education courses, and conference programs or workshops for which certificates or documentation is issued. A certified mediator may count up to 6 hours spent as a professional trainer or teacher of mediation programs or courses as described above toward the 20 hours needed for recertification.

B. Conducted a minimum of 20 hours of mediation as a sole or co-mediator in 10 or more cases over the previous two-year period.

C. Offered up to 20 hours, pro bono, as a co-mediator (for experience hours) or mentor (for mentorship hours) over the previous two-year period.5 Certified mediators will have an opportunity to document the completion of this requirement during NMMA sponsored convocations and conferences by offering their time and being available to mediators at designated times during those events and by keeping a record of requests from NMMA members to consult, observe or co-mediate .

5 This requirement is consistent with NMMA's members' commitment to its statement of Ethics and Standards of Practice which strives to make mediation accessible to the public, and to NMMA's mission to offer opportunities for mediators to develop themselves. Certified mediators may charge at their discretion beyond the 20 hours of pro bono co-mediation or mentorship.

B. Expiration and Reapplication

If a certified mediator does not meet the requirements to maintain certification and/or fails to submit the required forms to maintain certification, his or her certification will expire two years from the date certification was granted and must cease using the phrase "NMMA Certified General Practitioner" in any marketing materials. At any point, that individual may reapply for certification, having met the requirements to maintain certification listed above.

III. DE-CERTIFICATION PROCESS

As the certifying entity, NMMA reserves the right to de-certify any certified mediator who it finds has violated NMMA's Ethics and Standards of Conduct, or who is found to have falsified his or her certification application materials.

1. Investigation of Complaints The NMMA Certification Committee (CC) will review any complaints received by NMMA about an NMMA certified mediator and determine whether it warrants further investigation. If so determined, the CC will notify that member of the complaint, copy such notification to the NMMA board, and request a letter of explanation and/or further information from the member and/or complainant, and offer a face to face meeting with the Certification. The member will have thirty (30) days to respond. Upon review of any information received in writing and/or in personal interview, the CC will make an initial determination whether: (1) the member has violated NMMA's rules of ethics or falsified his or her certification application materials, and, if so, (2) whether to recommend the member rectify the violation by taking remedial steps, such as mediation with the complainant, along with a timeline for satisfaction and a postponement of the initial determination until the deadline for the remedial steps has been reached, or (3) whether decertification is warranted either because the violation was serious enough, or because satisfactory remedial steps were not taken. The initial determination, along with the appeals

2. process, if applicable, will be mailed to the certified mediator and complaining member or party, and a copy will be provided to the NMMA Board of Directors for their review.

1. Appeals Process If the CC finds that the violation is serious enough to warrant de-certification, or satisfactory remedial steps were not taken, the CC will include the reasons for their determination. The member will have the opportunity to appeal the decision to the NMMA Board of Directors, and must do so in writing to the Board of Directors within thirty (30) days of the mailing date of the determination, or their certification will end. Receipt by the Board of Directors of a request for appeal will prompt a hearing by the Board of Directors for a final determination, which will take place within sixty (60) days of the mailing of the appeal. The Board of Directors will review any documentation submitted by the certified member, and/or the complainant, and the initial determination by the CC, and will hold an open hearing at a regular or special meeting of the Board of Directors. The Board of Directors will issue a final determination in writing to the CC

2. and the certified member, within thirty (30) days of the hearing, along with the reasons for the decision.

1. Reapplication

Any de-certified mediator will have the right to reapply for certification after a period of three years from the de-certification date.

IV. COST

A. Fee Structure
* General Practitioner Application: $50
* Bi-Annual Reapplication Affidavit: $10

B. Refund Policy

V. NMMA CERTIFICATION COMMITTEE STRUCTURE

A. Certification Committee

Application fees are non-refundable, regardless of the determination.

1. Criteria for Membership For the first year of program implementation, the Certification Committee [CC] will be comprised of five (5) members - a Chairperson, a Secretary, a Correspondence Secretary, and two additional members. CC members will be nominated by the NMMA membership at the Annual Meeting and appointed by a vote of the Board of Directors, based on years and depth of experience in the field of mediation and experience with certification procedures in other fields. A history of ethical breach(es) may disqualify a potential member from appointment. As an appointed position, the Board may remove, replace and fill vacancies in the CC by a majority vote of the Board.

After the initial year of program implementation, members of the Certification Committee will additionally be required to be NMMA Certified General Practitioners.

2. Review and Approval Process Applications for certification will be reviewed monthly, on a date determined by CC members. If the CC determines that more information is required for determination (i.e. the application incomplete, the application fee is not received, or further explanation is required to determine the applicability of training programs, etc.), they will inform the applicant in writing within fifteen (15) days of the CC meeting. The CC will delay any determination until the additional information is received, but no longer than six (6) months from requesting additional information.

Approval will be based on majority vote of the full CC. Notice of approval or disapproval will be sent to the applicant within fifteen (15) days of the vote, along with full explanation of the determination if declined. All determinations will be retained by the CC for the CC's records and copies will be sent to the Secretary of the NMMA for its records.

3. Administrative Responsibilities The Chair of the CC will be accountable for setting and publishing meeting times, running meetings, submitting a monthly report to the NMMA Board of Directors, insuring that the committee is informed of previous decisions, and that any determinations made which differ from historical decisions are documented and fully explained.

The Secretary of the CC will maintain a record of certified members along with their dates of certification and certification expiration; letters of acceptance and/or declination; and all records of de-certification proceedings. In addition, the Secretary will be responsible for sending out biannual letters to certified mediators at least two months prior to their certification expiration date, and sending certificates to new and re-certified mediators.

The Correspondence Secretary will be responsible for coordinating and sending all correspondence to applicants and NMMA certified mediators during and after any proceeding, and for conveying any changes to the current list of certified mediators to the NMMA secretary on a monthly basis..

4. Costs The NMMA Board of Directors will establish a budget for the CC each year, and will pay or reimburse CC expenses as they arise. The CC Chair will be responsible for staying within the budget policy, or requesting additional monies from the NMMA Board of Directors if the need should arise.

VI. FUTURE DEVELOPMENT

A. Additional Certification Levels

As mentioned earlier, General Practitioner Certification signifies that a mediator has achieved a generally accepted foundation in knowledge, training and experience in the mediation process. The 2006-2007 Field Development Committee recommends that the 2007-2008 Field Development Committee work to create either an Advanced Practitioner Certification or advanced certification in specific areas of the mediation field, such as divorce mediation and workplace mediation, in coordination with experts in those areas of practice.

B. NMMA-Provided Training and Education

One intention of the certification process is to influence the types of training that is coordinated and/or offered by NMMA at its various events. We recommend that NMMA seek to provide specific training or educational workshops in the following areas:

1. Cross-cultural differences as they pertain to the mediation process

2. Mediator ethics, including information on the unauthorized practice of law in New Mexico In addition, we recommend that experienced NMMA mediators are made available at NMMA events to provide case consultation to mediators seeking certification.

C. Reciprocal Certification

We recommend that once the NMMA Certification is established, that a new study is done of similar programs with the intention of establishing reciprocal certification for programs with similar requirements, so that mediators practicing in several states and/or moving to or from New Mexico may have a simplified process to establish certification.

VII. CERTIFICATION DEVELOPMENT

A. Short History

NMMA Certification was developed over four years. Initially a Certification Task Force [CTF] was formed in 2004, which reviewed state and national efforts to institutionalize certification. Efforts were put on hold when it looked like the national Association for Conflict Resolution (ACR) was going to implement national certification, which was later tabled by that organization. The CTF issued an initial finding to the membership in 2004, which was revised in 2005 to address concerns raised by the membership.

The NMMA membership unanimously voted in 2006 to implement NMMA Certification during the 2006-2007 Board of Directors tenure. The Board formed a committee to do that, and the implementation is scheduled to happen at the 2007 Annual Meeting.

B. Committee Members

Original Certification Task Force members: Stefanie Beninato, Paul Cassel, Jean Civikly-Powell, Marianela Gish, Diane Grover, Barb Hamit, Karla Kuyaka, David Levin, Marsha Lichtenstein, Susan Malone, Jeanette Martinez, Debra Oliver, Sue K. Thorson, Andrea Verswijver, Shannon Watson.

Implementation Committee Members: Aurael Christall, Marianella Gish, Molly McIntosh, David River.

VIII: Documents reviewed in the preparation of this proposal

Association of Conflict Resolution Task Force on Mediation Certification

Initial Report and Recommendations to the Board of Directors, June 2003. Association of Conflict Resolution. Revision of the ACR Task Force on Mediation Certification Report and Recommendations to the Board of Directors, March 31, 2004.

California Dispute Resolution Programs Act, 1998, issued by the California Department of Consumer Affairs, Sacramento, CA.

Filner, Judith. 2000. National Report on State Mediator Membership Associations. Florida Rules for Certified and Court-Appointed Mediators, 2000 Revision. Available through www.mediate.com.

Oregon Mediation Association: Standards of Practice, June 16, 2000.

Pou, Charles, Jr. Dispute Resolution Services. Mediator Quality Assurance. Final Report to the Maryland Mediator Quality Assurance Oversight Committee, June, 2003. Revised Standards of Conduct for Mediators, Joint Committee Draft, January, 2004 (a joint committee of the American Arbitration Association, the American Bar Association, and the Association of Conflict Resolution). San Diego Mediation Center, (now the National Conflict Resolution Center), Mediator Credential, October, 2001. http://www.ncrconline.com/

Texas Mediator Credentialing Association, updated September, 2003. http://www.txmca.org/criteria.htm. Wisconsin Association of Mediators, Draft Certification Proposal, September, 2003.