Mediation is most successful when the parties’ advocates/advisors are knowledgeable and skilled in the principles of the mediation process and negotiation theories. Mediations can fail when party representatives act as if they were in a courtroom rather than in a negotiation.
Mediation presents unique problem-solving opportunities in which representatives can assist their clients to reach faster, cheaper and/or better outcomes with the assistance of a mediator. They can help their clients achieve outcomes that may be unattainable in a courtroom or arbitration tribunal. But to do that, they need a different set of knowledge and skills. The IMI Competency Criteria for Mediation Advocates contain guidance on Mediation Advocacy General Knowledge and Practical Skills Requirements. The overview is intended to aid programs in designing knowledge and skills assessments, and to aid lawyers in their self-assessment/reflective practice.
top
