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Ministry of Justice
Al. Ujazdowskie 11
00-950 Warsaw
Poland
phone: (22) 52 12 888

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Drukuj

Standards for Mediators’ Training

The Polish law does not impose any requirement for mediators’ training[1]. Mediation is defined as a voluntary and confidential process in which a professionally prepared, impartial and neutral person by agreement of the parties helps them to deal with a conflict. Mediation process helps the parties define the issues to be discussed, decrease communication barriers, create the options for solutions, and if they are willing to, conclude an agreement satisfactory for all parties[2].

Success of mediation as an effective method for dispute resolution greatly depends on the professionalism of mediators and their adherence to high ethical standards.
To fulfill this purpose the Ministry of Justice presents these standards for Mediators’ Training prepared by the ADR Board of the Minister of Justice.
The standards include the minimal requirements for training in regard to the theoretical and practical skills necessary for a person to become a mediator:
 
These standards are directed to:
- Institutions and organizations which organize training and issue certificates for mediators in all types of mediation;
- Individuals who take part in mediation training to indicate the scope of necessary mediation training which should be expected from the organizing institution by the participants;
The main goals of the Standards are the following:
- To ensure the professionalism of mediation by the comprehensive preparation of mediators;
- To help the organizations and training institutions to design a form and scope of training in order to ensure the proper preparation of mediators;
- To help future mediators make a decision about undertaking this function and to select suitable training;
- To increase public trust in mediation as a method for conflict resolution by ensuring the professionalism of mediators.
 
General requirements
 
Each person who wishes to become a mediator shall participate in at least 40 hours of training, confirmed by a certificate of completion.
These Standards provide that mediation training shall include the following topics:
1. Basic rules and elements of mediation proceedings
2. Psychological mechanism of conflict creation, escalation and its resolution
3. Workshops on practical skills to conduct mediation
4. Legal and organizational aspects of mediation proceedings
The Standards are applied to all types of mediation.
 
 
Standards for Mediators’ Training
Standard I
Basic rules and elements of mediation proceedings
1. Mediation proceedings
2. Rules of mediation -- voluntary character of mediation, impartiality and neutrality of mediator, confidentiality.
3. Roles of a mediator, mediator’s duties and rights.
4. Application of mediation – in what conflicts mediation should be applied, in what conflicts mediation  should be avoided.
5. Issues concerning the ethics of the mediator profession.
6. Standards for conducting mediation and the conduct of a mediator.
 
Standard II
Psychological mechanism for creation, escalation and resolution of a conflict.
 
1. Basic background of psychological knowledge in regard to the mechanism of escalation and resolution of conflicts.
2. Procedures for conflict resolution (negotiation, mediation, arbitration, court procedures) – similarities and differences
3. Elements of negotiation theory, basic definitions in negotiation (such as issues, positions, interest, BATNA)
 
Standard III
Workshops and practical mediation skills
 
1. Conducting introductory meetings with the parties, which includes a mediator’s opening statements and mediation ground rules.
2. Skills for conducting a mediation session according to mediation rules and application of the proper techniques.
3. Skills in effective communication, particularly:
- active listening
- asking questions
- using neutral language (orally and in written form)
4. Proper analysis and diagnosis of   a conflict, particularly:
- evaluation, whether mediation should be applied in the particular case
- identification of positions and interests of the parties to a conflict
-differentiation between position, needs and interests and transition from position to interests
5. Support of the parties in creating different solutions, particularly:
- in seeking for creative solutions
- in identification of rules and criteria for making a decision
6. Preparation of a final agreement
7. Cooperation among co-mediators in a way to enable them to use cooperation language and exchanging experiences with other mediators.
8. Cooperation with specialists in different fields.
 
Standard IV
Theory of legal and organizational aspects of mediation procedures.
 
1. Legal basis for applying mediation, including amendments in the codes.
2. Practical issues connected to an organization of mediation proceedings.
3. Principles of cooperation with the judicial system institutions.
4. Requirements for providing documentation
5. National and international standards for conducting mediation.
6. Application of mediation procedures in Poland and internationally in criminal, civil (family and commercial), neighborhood, local government conflicts and collective bargaining.
 
Standard V
Requirements concerning individuals and institutions who conduct mediation trainings.
 
1. Requirements for individuals conducting training on practical mediation skills:
a) having a masters degree or equivalent degree
b) minimum 2 years of mediation practice experience
C) certified training or didactic experience in teaching conflict resolution,
d) having knowledge and conform with ethical rules in regard to profession of mediators,
e) having knowledge of presently binding laws and regulations concerning mediation,
f) knowledge of and conformity with the standards for conducting mediation and the conduct of mediation.
2. Requirements for organizing the training for mediators
a) preparation of detailed training program (minimum 40 hours) together with costs of training and the amount of the participation fee
b) providing the tests which cover topics discussed during mediation training,  as well as taking attendance
c) issuance the registered certificates which state the topics of the training, number of class hours,  name of the institution organizing the training, the names of the trainers.
3. Recommended forms of training
The interactive methods of training shall be primarily applied during the mediation training, such as:
1) mediation role plays
2) analyses of particular cases
3) presentation of mediation
4) individual and group experience
5) class discussion and reflection of the participants
6) summaries and tests
7) lectures, theory and presentations
 
Standard VI
Mediation training concerning particular field of mediation.
Standards I trough V concern all types of mediation. Taking into regard that conducting mediation in certain fields requires specific skills, it is highly recommended to participate in the specialized trainings on certain topics such as:
criminal, civil (family, commercial), collective bargaining, etc.

[1] With the exception of standards for mediators adopted in 2001 in mediation of victim with the minor offender – The Ordinance of the Minister of Justice at May 18, 2001 on mediation proceeding with participation of minor. (Journal of Law nr 56, item 591with further changes) 
[2] Comp. Standards for Conducting Mediation and Conduct of Mediation adopted by the ADR Bard on June 26, 2006.

O dokumencie
Podmiot udostępniający: Ministerstwo Sprawiedliwości | Wytworzył: Piotr Potrebka | Edytor: Piotr Potrebka
Data wytworzenia: 06.09.2013 | Data dodania: 06.09.2013 14:50 | Data modyfikacji: 06.09.2013 14:54