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Improving Mediator Accountability

Improving Mediator Accountability

What are some examples of measures to improve mediator accountability?

 

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Okay, you know when we have standards as to what type of training and mediator should undergo. Typically limit certification requirements depending on you know various jurisdictions. Various ADR providers will set their own sort of additional layer of requirements, you know some ADR providers may require their mediators to undergo annual training.

 

That’s I would say that’s rare, but some do, and I think that’s obviously a good measure. Some in certifying their own group of mediators would require, for example, a videotape simulation and an analysis, some wouldn’t. Some would require you to undergo that annually which I think is actually a good idea. Some may have observers sit in in the first you know 5, 10, or 20 mediations. Some would have additional training requirements for specific fields.

 

And then in terms of after the fact, of ex post accountability measures, they will typically follow how many settlements have been reached, which I think is a very poor indicator of quality. I’m actually very concerned when I hear very high rate of agreements reached. I’m worried about coercion, and I’m worried about what types of tactics these mediators employ when I hear it’s around the 50, 60, I’m typically happier than 90 or 95, okay. It depends again you know you never know, but I think that could actually serve as a sort of cautionary indicator.

About the mediator

Orna Rabinovich Profile Pic

Orna Rabinovich-Einy is a senior lecturer (with tenure) at the Faculty of Law at the University of Haifa. Her areas of expertise are alternative dispute resolution (ADR), online dispute resolution (ODR), and civil procedure, with research focusing on the relationship between formal and informal justice systems, dispute resolution system design and the impact of technology on dispute resolution. Rabinovich-Einy is a fellow of the Haifa Forum of... View Mediator