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Appendix A: Knowledge, Skills, and other Attributes Required for Competent Performance or Mediation Tasks

To practise in a court connected or publicly funded mediation service, the mediator must be able to demonstrate the knowledge and skills and other personal attributes as set out below.

A. Knowledge

  • negotiation, conciliation, conflict management and the mediation process
  • family dynamics and child development
  • law pertaining to the issues being mediated including:
    • the legal steps involved in a mediation and divorce;
    • major trends in the case law relating to the issues referred to above;
    • the laws which can assist and protect clients who have been abused.
  • the effects of separation and divorce on parents, children and the extended family
  • in-depth understanding of the sources of power imbalances in relationships and an ability to recognize the indicators of such imbalances in their clients
  • where mediation proceeds, knowledge about the techniques used to support the weaker party while remaining impartial
  • indicators of domestic violence or abuse
  • procedures and instruments to screen for abuse before and during mediation
  • safety planning requirements and procedures for clients and staff and their limitations
  • community and educational resources for referral outside or for use within the mediation process
  • alternate dispute resolution options
  • current public concerns regarding mediation practice
  • multicultural issues in dispute resolution

B. Skills

  • advanced communication and relationship skills
  • advanced investigative, interviewing and assessment skills
  • demonstrated case management skills
  • ability to assess the degree of the power imbalance to determine whether mediation is an appropriate option
  • ability to use techniques to redress power imbalances
  • mediators doing comprehensive mediation must understand and be able to work with various financial documents which may be relevant in a case involving support or property issues, (e.g. court financial statements, budgets, financial statements prepared by accountants).