CEDR Continuing Professional Development Guidance notes CEDR April 2002
Contents 1 Introduction 3 2 Mediation practice 4 3 Written summaries 5 4 Personal debrief 6 5 Debriefing other mediators 7 6 Structured training 8 7 Further learning 9 8 Log book submission 10 CEDR CPD guidance notes 2
Introduction CEDR mediator skills training sets high standards. Although Accreditation is for life, the CEDR Continuing Professional Development (CPD) programme is intended to ensure that those standards are maintained, updated and enhanced by providing a recognised framework for the development of practice and experience beyond initial accreditation. Registered status is a demonstration to the market place that an individual has developed their mediation experience in line with leading professional standards. It is available to all CEDR Accredited mediators who are members of the CEDR Exchange who demonstrate that they have complied with the CPD practice standards within the preceding two years. Standards The biennial CEDR CPD practice standards are: Four mediations Written summaries of two mediations Two personal debriefs and the debriefing of two other mediators 16 hours of structured training Evidence that further learning has been undertaken. The standards are intended to be realistic given the extent to which mediation has become established for the resolution of commercial disputes. These standards are a minimum requirement however, and mediators are encouraged to exceed these standards wherever possible. The standards will be reviewed annually by CEDR to reflect developments in the field of mediation. Any changes to standards will apply from the next two-year cycle and will not be imposed during a cycle. CEDR CPD Log book The log book should be downloaded from the Exchange section on CEDR s website at www.cedr.co.uk. The log book has two main purposes: To provide a record of compliance with the practice standards To provide each mediator with a personal development record. Upon successful submission of a log book (together with the assessment fee of 200.00 + VAT ( 235.00 inclusive)) a mediator will receive a Registration certificate which is valid for a further two years. Assessment fees will not be refunded if Registered status is not granted, although opportunities may be given to correct log book omissions during assessment. Submission via e-mail is encouraged and any supporting evidence can be scanned to be included. It is expected that many CEDR CPD activities will also contribute to CPD requirements of other professional bodies (e.g. Law Society, RICS etc). Similarly CEDR Accredited mediators may also offer activities with other bodies for compliance with CEDR CPD standards. CEDR CPD guidance notes 3
Mediation practice Standard: four mediations (including a minimum of two commercial mediations in the role of lead, assistant or co-mediator) Mediation practice is the core requirement of CEDR CPD. However not all mediators will be able to achieve the required standard with commercial mediations alone and the following sets down the alternatives that will enable mediators to achieve the practice standard: As lead, assistant mediator or co-mediator on any commercial mediation Per day 100% As legal adviser, expert or client on any commercial mediation 50% As lead, assistant or co-mediator or conciliator on any non-commercial Mediation * 50% As neutral or facilitator in any dispute resolution procedure 50% As a mediator in simulated mediations ** 25% Note: * Non-commercial refers to other strands of mediation such as family, community and environmental. Mediation / conciliation / facilitation processes of up to four hours duration will count as half of the above. Mediators may make up the total required standard from a combination of the above but subject to the minimum day(s) of actual commercial mediation set down in the practice standards. Mediations may be self administered, administered by other mediation groups or by CEDR Solve to comply. ** Simulated mediations must comply with one or more of the following: CEDR Practice Day CEDR run regional events (1 day / ½ day / evening) Non-CEDR local group events complying with the following criteria: o Led by experienced commercial mediator o Programme submitted to and approved by CEDR o Own case studies developed with CEDR, or approved by CEDR o Attendance list signed off by leader and forwarded to CEDR. In appropriate cases mediation practice sessions may be used towards the structured training element of CEDR CPD although the same mediation may not be used on more than one occasion. How to complete this section Using the mediation practice report form, list the mediation activity that you have experienced in the given time frame. You can list all your experience if you wish or simply list enough to meet the CEDR CPD requirements. Please remember, non-cedr mediations may be included. CEDR CPD guidance notes 4
Written summaries Standard: written summaries of two mediations Written summaries must be completed for a minimum of two mediations. Two pages of a typical mediation report form are included in the log book and can be used for non-cedr Solve mediations. Confidentiality must be respected in mediation summaries (whether CEDR Solve mediations or other). Mediators will therefore need to sanitise information whilst retaining the flavour and subtleties of the mediation. How to complete this section Copies of the CEDR Solve mediation report forms can be inserted straight into the log book or alternatively additional forms are included in the Log Book and can be used for non-cedr Solve mediations. Reports can be made of all your mediation experience, or simply of the number required for CEDR CPD. CEDR CPD guidance notes 5
Personal debriefing / debriefing other mediators Standard: two personal debriefs debrief of two other mediators Purpose of debriefing The purpose of this process is to: share experience of mediations so that all mediators may gain further insight and understanding of the process and their role within it enable inexperienced mediators, especially assistant mediators, to be supported and / or mentored by those with experience give feedback to others, through CEDR, of points worth sharing enable mediators to learn from each experience and move on from it. Model format The debrief should be of an actual mediation and should be in person between the actual mediator (or assistant) and the mentor mediator (or group) who was NOT involved in the case. The mentor mediator should be an experienced CEDR accredited mediator but other mediators may be used if CEDR mediators are unavailable. The debrief should ideally take place within two weeks of the mediation and is likely to take between 30-60 minutes. It should be structured along the following lines: 1. Outline of pre-mediation preparation (including telephone calls/meetings). 2. Chronological description of mediation from arrival to close. 3. Detailed discussion on learning points, particularly what went well (and what did not go well). The mentor mediator should review, question and challenge in such a way as to enable the mediator / assistant to reflect on the skills they used and their management of the process. This should give them insights and greater understanding which will enable them, through rigorous exploration of this current experience, to be a more effective mediator in the future. The mentor mediator may give advice or suggested alternatives to the mediator / assistant mediator, particularly if requested, but should always remember that mediation is a flexible process with few right or wrong techniques. The experienced mentor mediator (or group) should be alert to patterns that may emerge through the debriefing of a series of mediations as well as specific individual points of interest. Sharing of such patterns can be fed back to the common pool of on going learning about mediation through the records contained in mediator log books. Approved variations to model format The debrief may be done by a group of mediators and several debriefs may be done at the same event. Therefore each could debrief the other, preferably with a senior mentor mediator taking overall responsibility. CEDR CPD guidance notes 6
Telephone or conference call debriefs are acceptable as a last resort if no other option can be agreed. However, the quality and benefit of the debrief may be much reduced by this method. Please note that confidentiality is a core principle of mediation and applies to these debriefs. It is recommended that parties names are not used and that sensitive facts are excluded. The debrief is on the structure, techniques and learning points not on facts or issues. How to complete this section Personal debriefs Following your debrief with a mediator NOT involved in the case itself, you will need to complete the form headed personal debrief in your log book. On this you need to summarise the learning points from your debrief session. Debriefing other mediators For this section you simply need to record the sessions during which you provided a sounding board for another mediator s personal debrief. Record this on the relevant form noting the name of the mediator, date of the session and a brief outline of the discussion points. CEDR CPD guidance notes 7
Structured training Standard: minimum 16 hours in total Structured training encourages the development of further mediation skills and knowledge through recognised training. Training is classed as structured if a participant would potentially perform more effectively as a mediator as a result. Areas of structured training may include: Communication skills Negotiation Problem solving Other mediation training (family, community, environment, cross-culture) Legal awareness Risk analysis Partnering / alliance-building Advanced mediation skills Other dispute resolution processes Conflict management / avoidance Mediation practice such as simulated mediation or peer review Training of others in appropriate cases (or example where case studies have been developed). The total of 16 hours can be made up from a number of different events. It is likely that some CPD training for other professional bodies will comply with CEDR CPD Standards however mediators are recommended to check the content of such training with CEDR. CEDR will run an annual programme of training events to enable mediators to achieve the necessary standards, but it is also hoped that training events may be arranged by local groups. The content of local events should be submitted to CEDR for prior approval and confirmation of CPD hours. How to complete this section List the courses at the start of the section and include copies of any certificate, programme or course material which you have as evidence of your attendance. It is also useful to note down any learning outcomes of the training events for your benefit and for the assessor. CEDR CPD guidance notes 8
Further learning Standard: no minimum This section provides a record of voluntary development which may include: Regular update through reading, articles, press summaries etc Participation in working or development groups on mediation Writing articles, developing and/ or delivering mediation training Attendance at CEDR forums Arranging / leading training and similar events Promotion of mediation. To demonstrate this you may include: Book / video / audio / TV programme reviews Copies of articles read / written Training programmes Working group activities Events diary Samples of materials should be included in the log book. How to complete this section List these and include any details you can provide which may be of interest to share with other mediators e.g. flyers of events, copies of articles etc. Training of others and organising local events is currently regarded as falling within this section in most cases, however in specific cases may count towards structured training. Please check with CEDR if you are not sure. CEDR CPD guidance notes 9
Log book submission Notes for submission It is important that you submit your log book for review in a complete state including the summary of compliance. There is a re-submission fee if log books are returned because they do not meet the CPD standards. Please take time to check before submission. The log books will be returned to you after review together with a copy of the current CPD standards and a new cycle completion date (normally 22 months after Registration). CEDR undertake to review your log book within two months. Log books can be submitted in hard copy or electronic format providing that all supporting documentation is submitted with it. You are advised to submit hard copy log books by registered post or other safe means of delivery. Non-compliance Mediators who do not meet the CPD practice standards will lose their registered status until the standards have been met. If this happens the mediator will be given clear instructions on what is necessary to achieve registration and a three month period of grace from the original due date to resubmit their log book together with a re-submission fee of 85.00 + VAT ( 99.88 inclusive). Non-payment of fees Registered status is only maintained during the two-year cycle providing the annual CEDR Exchange fee is paid. CEDR CPD guidance notes 10