CIArb Mediation Symposium London 24 September 2008 International

CIArb Mediation Symposium London, 24 September 2008 International Mediation Institute www. IMImediation. org Irena Vanenkova Operations Director, International Mediation Institute, The Hague Irena. Vanenkova@IMImediation. org

Overview • • • About Update Scheme Value Summary

About IMI • Foundation – – Board Independent Standards Commission Advisory Council Vision, Mission • Need • Challenges • Funding

About IMI The IMI Foundation • Registered in The Hague as a stichting Offices in the International NGO building

About IMI The IMI Foundation • Registered in The Hague as a stichting Offices in the International NGO building • Founding Institutions - providers of initial funding AAA - American Arbitration Association ICDR - International Centre for Dispute Resolution SMC - Singapore. Mediation Centre SIAC - Singapore International Arbitration Centre NMI - Netherlands Mediation Institute

About IMI The IMI Foundation • Registered in The Hague as a stichting Offices in the International NGO building • Founding Institutions: AAA/ICDR, NMI, SMC/SIAC - providers of initial funding • Directors: Chair Wolf von Kumberg (Northrop Grumman Corp) Nominees of Founders (6)

About IMI The IMI Foundation • Registered in The Hague as a stichting Offices in the International NGO building • Founding Institutions: AAA/ICDR, NMI, SMC/SIAC - providers of initial funding • Directors: Wolf von Kumberg (Chair - Northrop Grumman Corp) Nominees of Founders (6) • Independent Standards Commission: Prof. Tommy Koh (Chair) Judith Meyer (Vice-Chair) Michael Mc. Ilwrath (Vice-Chair)

About IMI The IMI Foundation • • Registered in The Hague as a stichting Offices in the International NGO building Founding Institutions: AAA/ICDR, NMI, SMC/SIAC - providers of initial funding Directors: Wolf von Kumberg (Chair - Northrop Grumman Corp) Nominees of Founders (6) Independent Standards Commission: Prof. Tommy Koh (Chair) Judith Meyer (Vice-Chair) Michael Mc. Ilwrath (Vice-Chair) • Advisory Council

About IMI The IMI Foundation • 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 • • Not a service provider Not set up to compete with anyone Not there to limit or confine anyone or anything Not a peak or superior body

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

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

About IMI Funding IMI’s Funding will be derived from: • Public institutional Rule of Law funds • Corporate benefactors • Specific initiative funding – – – Training Scholarship Program Experience Scholarship Program Emerging Market Mediator Center establishment 24/7 Ethical Guidance Service Peer-to-Peer Systems Website costs will be covered by: • Nominal Annual Web Portal Support Fee – Є125 (£ 100 or US$185)

About IMI 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

Overview • • • About Update Scheme Value Summary

Update • • • International Consultation Initial Scheme Design Further Consultation Scheme Outline defined Reactions

Update Reactions • Widespread support from Users • Mixed reactions from the supply side – “success cannot be measured” – “quality cannot be quantified” – “performance cannot be assessed” – “value cannot be calibrated” – “parties ill-equipped to make judgments” – “US credentialing attempts all failed; so will you”

Update Reactions • Mixed reactions from the supply side – “too complex” – “yet another cost” – “bureaucratic and burdensome – “where’s the demand” – “mediators should set their own standards” – “let the market decide” – “people know who’s competent” – “it ain’t broke, so don’t fix it”

Update Reactions Competency, like truth, beauty and contact lenses, is in the eye of the beholder Dr Laurence J. Peter The Peter Principle

Update Reactions • Distinguish market info from testing – Give mediators a choice how to present their skills • Government regulation? – European Parliament call for regulation • Status Quo? – – – Standards and criteria vary enormously Users are bewildered No transparency Word of mouth Gossip and anecdote Users are wary of self-congratulatory marketing

Update Reactions • Some mediators see the huge positives: – – – The glass is half full By doing it ourselves we control how it develops Transparency offers users an informed choice Feedback in a suitable form is credible More users will trust & respect mediation & mediators The market will expand • Mediation can be seen as a profession – But we must act like a profession – Put competitive pressures aside on this issue

Overview • • • About Update Scheme Value Summary

The Scheme To be IMI Certified, a Mediator must: • Prove their competency via testing – Roleplay performed by actors – Written test – Interview • Independent Assessors – Applying common benchmarks set by IMI • Candidates can choose style – Facilitative, evaluative, transformative • Appoint Reviewer & place Profile on IMI Portal – Complete with Feedback Digest

The Scheme Fast Track Window • For experienced commercial mediators only – No need to take the certification test • Appoint Reviewer & place Profile on IMI Portal – Complete with Feedback Digest • Requirements: – Member of Panel selected based on competency, or – Two references from prior users + practice logbook, or – Have already passed an approved competency test

The Scheme Intercultural Certification • For experienced commercial mediators – Not necessary to have passed the Certification test • Requires course in intercultural cooperation – Configured to the mediation process/roleplays – Understanding of the main theories of cultural relativism • Specialist training and assessment: – Experienced cross-cultural trainers and mediation trainers – Involving acted roleplay, written test and interview

The Scheme Other Issues • Certified Mediators must appoint a Reviewer – Free choice - individuals or institutions, must be independent – Reviewer prepares/updates Feedback Digest – Also provides support on selecting appropriate CPD • Only Certified Mediators may post their Profile – Mandatory and optional fields

Overview • • • About Update Scheme Value Summary

Value for 7 Wheels of Traction Disputants/Users & Professional Firms Mediators Dispute Resolution Providers Trainers Judiciary and Arbitrators Governments & NGOs Educators

Value for Disputants/Users & Professional Firms • • Open access to a single Portal Transparent, credible & impartial feedback Greatly reduces selection risk and time Inbuilt motivation by mediators to lift standards Less reliance on word of mouth/prior experience Expands choice and options Access to world’s top mediation bodies – For training, administered mediations, other services • Demand-led initiative - efficient, cost effective • Recognized ethics code/complaints process

Value for Mediators • Credible marketing at a negligible cost – £ 100 + Reviewer cost (if any) • Independent recognition of high quality – Accessibility to vast number of Users • Gets real prior user feedback to future users – Reduces effect of gossip/one-off negative comment • Active role in professionalizing mediation – Transportable qualification worldwide • Participation in global thought leadership • Reduce risk in being inappropriately regulated

Value for Mediation Providers • • • Independent endorsement of high quality Extend reach internationally Nominate Panel members for IMI certification Benchmark Panelists against global criteria Be appointed as a Reviewer Be featured/linked on IMI Portal

Value for Trainers • Independent endorsement of competency • Prepare candidates for IMI certification • Opportunity to be appointed a Reviewer • Benchmark training against global criteria – eg separate assessors from trainer • Be featured/linked on IMI Portal

Value for Judges/Arbitrators • Easier to refer parties to mediators – by competency standards • Expand referral options – facilitates Court-annexed schemes

Value for Governments/NGOs • Increases belief & acceptance of mediation – Underpins Court-annexed schemes – Low cost complement to existing systems – Increases user confidence in justice system • Applicable to disputes between nations • Reduces need for competency regulation

Value for Educators • Engage in global thought leadership • Participate in new tools/best practice

…the [Australian] National Mediator Accreditation System is broadly compatible with the proposed international standards established by IMI and it is important for Australian mediators to have a clear path to international recognition. Hon. Justice Murray Kellam AO Chair, NADRAC (National ADR Advisory Council of Australia) 9 th National Mediation Conference, Perth, 12 September 2008

Overview • • • About Update Value Scheme Summary

Summary • Goal -- a credible global mediation profession • Competency scheme launch Jan 1, 2009 – High standard, voluntary scheme – Will not replace any national standards – Tough test using actors/assessors – Feedback Digests & Reviewers • Six month fast track for the experienced • Will deliver value for everyone!

I believe that it is a time for mediators from all walks of life to look to the common goal first and to their individual goals and positions second. We will all have to give a little so we can reap the benefits. Hon. Justice Murray Kellam AO Chair, NADRAC (National ADR Advisory Council of Australia) 9 th National Mediation Conference, Perth, 12 September 2008

There are those who look at things and ask: Why? I dream of things that never were and ask: Why Not? Robert F. Kennedy 1925 -1968

International Mediation Institute www. IMImediation. org