Irena Vanenkova Executive Director International Mediation Institute

1. Mediation Symposium • Ankara, November 5-6, 2009 • IMI Certification International Mediation Institute Irena Vanenkova Executive Director International Mediation Institute

2. The future belongs to those who prepare for it today Malcolm X (1925-1965)

3. The Keys to Mediation as a Global Profession 7 U A L I F I C A T I O N S Q   U N D E R S T A N D I N G  C C E P T A N A C E  L E A D E R S H I P I N S P I R A T I O N  T R A N S P A R A N C Y  Y A R D S T I C K S 

4. The Keys to the Global Future of Mediation 7 U Q A L I F I C A T I O N S   U N D E R S T A N D I N G  C C E P T A N A C E  L E A D E R S H I P I N S P I R A T I O N  E N C Y T R A N S P A R  Y A R D S T I C K S 

5.  Q U A L I F I C A T I O N S • To practice as a mediator (in almost all countries) involves… • No initial educational requirements • No license to practice • No Continuing Professional Development • No independent testing • No vetting of skills • No self-regulation • Standards set by mediation providers vary widely • Most standards are not published

6.  Q U A L I F I C A T I O N S • And… • No uniform Code of Ethics/Conduct • Few disciplinary processes • Put another way… • Mediators have resisted definition, categorization • Mediators regard mediation as magic, an art form • - See themselves as magicians, artists • The market seems too balkanized for quality standards • - The status quo too difficult to change

7.  Q U A L I F I C A T I O N S • Training • There are many trainers, and many good ones • - But too many disparate offerings • Mainly basic or familiarization training • - Very little advanced training • Judicial panels typically require 4-40 hours • - Few accreditations/certifications/other qualifications • - No uniform assessment • - Little real quality control

8.  Q U A L I F I C A T I O N S • As a result… • Providers typically do not have admission standards • - Or, if they do, they do not publish them • Users are left to rely on the unknown • - Hearsay, reputation, references • Mediation lacks a credible technical foundation

9.  Q U A L I F I C A T I O N S • What Mediation needs is credentialing qualifications… • Basic uniform qualifications - accreditation • - Minimum training standards • - Basic standards • - Independent assessment - pass/fail • Advanced uniform qualifications - certification • - Post-experience qualification • - High standards • - Independent assessment

10.  U N D E R S T A N D I N G  A C E C C E P T A N • Understanding must precede acceptance • - Much better promotion of the field needed to users • The US began the Silent Revolution • - The rest of the world is inheriting the status quo • - And will now professionalize mediation • National certification schemes are appearing fast • - All seek to certify competency & to professionalize • - All try to promote confidence in mediation/mediators

11.  U N D E R S T A N D I N G  A C E C C E P T A N Article 4 - EU Mediation Directive Member States shall encourage: By any means they consider appropriate the development of and adherence to voluntary codes of conduct by mediators and organizations providing mediation services, as well as other effective quality control mechanisms concerning the provision of mediation services 2. The initial and further training of mediators in order to ensure that mediation is conducted in an effective, impartial and competent way in relation to the parties.

12.  U N D E R S T A N D I N G  A C E C C E P T A N England & Wales

13.  U N D E R S T A N D I N G  A C E C C E P T A N Australia

14.  U N D E R S T A N D I N G  A C E C C E P T A N The Netherlands

15.  U N D E R S T A N D I N G  A C E C C E P T A N

16.  L E A D E R S H I P  I N S P I R A T I O N • Most professions have a single national focal point • Mediation in US has numerous national focal points • ABA Section ACR • CPR Academy of Family Mediators • IAM/ACCTM Global InterMediation • Similar pattern in UK, Switzerland, France, elsewhere • They are not joined up, nationally or internationally • - No common practice or training standards • - No common assessment standards/credentialing • - Creates considerable confusion for users

17.  L E A D E R S H I P  I N S P I R A T I O N • PAST INITIATIVES • Task Forces on Mediator Credentialing • ABA - 2001/02 • ACR 2003/03 • Conclusion - fragmentation of practice inhibits progress • Consigned to the “too-difficult” or “not now” box • Status Quo = • Nothing significant has happened to date • User is left to figure it out

18.  L E A D E R S H I P  I N S P I R A T I O N • Progress stymied by a combination of: • Lack of a single focal point • Absence of leadership acceptable to all stakeholders • Nationalistic navel-gazing • Complacency“not broken, don’t fix” • Apathy“who cares” • Fear“will I need to do anything” • Feudalism“I don’t want to re-open my market” • Intolerance“that’s not mediation!” • Failure to think globally and in a “flat world” • “Balkanization” of practice + bureaucracy • Lack of global exchanges/interest in best practices

19.  L E A D E R S H I P  I N S P I R A T I O N • Inspiration • Must inspire users of mediation services • - Generate their real understanding of the process • - Impart a strong sense of professionalism • - Create genuine trust in mediators (“transparency”) • - Credible, helpful promotion • - Encourage parties to praise/value the process • Develop “selective pressure” on enhancing mediator skills • Mediation as part of negotiation or business training • Broaden the range of ADR skills of mediators • Integration of mediation into a broader range of activities

20.  T R A N S P A R E N C Y  A R D S T I C K S Y • Trust is dependent on transparency • - Opacity kills credibility • Yet mediation takes place in private • - Confidences must be protected • Providers must encourage greater transparency • - Make skills/experience of panel transparent • - Share that knowledge with users • Mediators must make personal skills transparent • - But not via self-congratulatory claims • - Via Feedback

21. Change is the law of life. Those who look only to the past or present are certain to miss the future President John F. Kennedy (1917-1963)

22. The goals of IMI are to establish: • High quality standards for mediators worldwide • IMI Certification as a hallmark of quality • Transparency via feedback • An open search engine to find Certified mediators • Enhanced understanding of mediation • Global growth in mediation acceptance and use International Mediation Institute

23. About IMI Vision Generate enhanced confidence in mediators and improved understanding of mediation in order to position mediation as the preferred dispute resolution process globally and make a significant contribution to the advancement of international peace and harmony

24. About IMI Mission Several global-scale goals: • Set transparent, competency standards • All styles of mediation • High standards, high quality • User accessibility • Aid best practice sharing • Consistent with forging a global profession • Promote the use of mediation • To potential users

25. Challenges • Many types • Business, Community, Family, Political ... • Many styles • Facilitative, Evaluative, Transformative, Hybrids … • Different cultural/legal expectations • Huge variety in how mediation is practiced • Mediators not organized internationally • Nor, often, nationally • Some exceptions - eg Australia, The Netherlands

26. The Legal Profession is on the brink of fundamental change Prof Richard Susskind timesonline.com - October 19, 2007

28. Maybe we’re just not focusing on the value of our core competencies?

29.         Any occupation wishing to exercise authority must find a technical basis for it, assert an exclusive jurisdiction, link both skill and jurisdiction to standards of training and convince the public that its services are uniquely trustworthy and tied to a set of professional norms Harold J. Wilensky Professor Emeritus of Political Science UC Berkeley The Professionalization of Everyone? 1964

30. Backgrounder • IMI founded in 2007 • Non-profit charitable foundation • Does not & will not provide services • Founders - AAA, SMC/SIAC, NMI • Chair - Michael McIlwrath, General Electric • Funded by grants, charitable contributions • Independent Standards Commission • Chair - Prof Tommy Koh • 4 Vice Chairs

31. About IMI International Mediation Institute • Not a service provider • Will not compete with anyone • Not there to limit or confine anyone or anything • Not a peak or superior body • Entirely non-profit • An easy open-access search engine for users • A forum for: • Promoting Mediation, quality mediators and provider bodies • Avoiding duplication of effort/cost

32. Evolution • Many organizations set high standards • Often (not always!) the standards are opaque • Users need transparency • IMI Worldwide Consultation Process • Reviewed by ISC • Feedback on mediators vital for user confidence • Feedback Digest the way to go • Grandparenting based on members of leading panels

33. Evolution • Grandparenting opportunity • 6 months to June 30 2009 • 918 experienced mediators registered • Now building their Profiles • Required sections include Feedback Digest • 227 already have their Profiles online • Presented to Key Corporate Users • Other user groups to follow

34. Devolution • IMI will not perform any assessments • In line with the Vision and Mission • Will approve programs to qualifyMediators • In line with defined criteria • IMI ISC sets the Criteria/Standards • Approve bodies meeting the Criteria • Approved bodies may: • Qualify mediators for IMI Certification • Authorize use of IMI logo • Admit qualified Mediators to the IMI portal

35. Criteria • Experience • Knowledge • Skills • Program Transparency • Program Integrity • Ongoing Monitoring • Commitment to Diversity More details: www.IMImediation.org

36. IMI’s Wider Mission • Promoting mediation to users • Mediation and a negotiation/settlement tool • Finding the most suitable, competent mediators • Inter-Cultural Mediator Certification • Only for IMI Certified Mediators • Impartial Guidance/information to users • eg: Decision Tree • Making informative material accessible • Videos, roleplays, publications, etc • Support for creation/progress of mediation bodies • Especially in countries with emerging mediation acceptance

37. IMI’s Wider Mission • Encouraging experience generation schemes • For newly qualified mediators • Assistant Mediation/Co-Mediation • Generate Feedback Digests • Scholarship programs • Enable training in financial hardship cases • Promoting innovative mediation • eg. Making deals, hybrids • Young Mediators’ Forum • eg. ICC Mediation Competition

38. Measuring EDR Success EDR measured in (1) legal fees and (2) resolution costs Example: Cost Legal FeesRisk/Resolution GE Estimate $200,000 $2,500,000 ------------------------------------------------------------------------------------- Costs Using EDR $60,000 $2,000,000 ------------------------------------------------------------------------------------ Gross Cost Avoidance $140,000 $500,000 (Multiply Gross by Cost Avoidance Multiplier of 0.25) - Highly conservative Total Cost Avoidance $35,000 $125,000 Total Cost Avoidance for Case = $35,000 + $125,000 = $160,000

39. Georgia-Pacific’s ADR Program: A Critical Review After 10 Years Dispute Resolution Journal, May-July 2005 - updated courtesy G-P

40. Payback • AAA research study - 2003 • 100 Fortune 1000 companies - average $9bn • 100 mid-sized companies - average $384m • 50 private companies - average $700m • Definition of “Dispute-Wise” • Lawyers integrated in strategic planning process • Management focused preserving relationships • Less concern on aggressively litigating all cases • Strong inclination to outcomes, achieving certainty • Enthusiasm for ADR

41. Payback • “Dispute-Wise” companies had: • more sustainable relationships with: • customers, suppliers, employees, partners • shareholders • P/E ratios: • 28% higher than average of all public companies • 65% higher than least dispute-wise companies

42. Payback • +80%of disputes settle when mediated • ACB • +80% success rates • +90% satisfaction rates • CEDR • 80% Employment • 88% Professional Negligence • 89% Any cases where Government Agency is a party

44. Summary • IMI Certification has begun • All Profiles include a Feedback Digest • Formal Grandparenting Period is over • ISC Criteria are published • Organisations are appling to qualify for IMI Certification • IMI has a wider mission beyond certification - Mediation in conflict leadership systems - Assistance in finding the right mediators For more details: www.IMImediation.org Irena.Vanenkova@IMImediation.org

45. International Mediation Institute