MEDIATOR BILL OF RIGHTS

• As a mediator for CDS, I am assured of the following rights:
• To be valued and appreciated as a volunteer
• To be well-trained in mediation technique and practice
• To begin my apprenticeship as soon as possible after training
• To be given reasonable notice of a need for my services
• To be able to refuse any offered opportunity to mediate
• To have a professional staff person available whenever I mediate
• To have a suitable room and safe environment in which to mediate
• To have consent agreements prepared promptly and accurately
• To be provided constructive feedback on written agreements
• To have a staff person available with whom I may debrief my experience
• To be made regularly aware of opportunities for continuing education
• To have any concerns and/or grievances addressed in a timely fashion
• To be reimbursed for approved expenses incurred as a volunteer, per CDS policy
• To be provided an annual record of volunteer service

OUR RESPONSIBILITY TO MEDIATORS

CDS is responsible for providing the following to all mediators:

• Adequate training and apprenticeship
• In-service training to maintain and improve skills, learn new methods, and meet all requirements set forth by CDS and the Unified Court System 
• Timely compensation for services, when duly authorized per CDS policy
• Appropriate space for mediators to perform their duties, with special regard to confidentiality and personal safety
• Cases screened by staff
• Supervision and assistance by staff as necessary
• Provide opportunity for a minimum of six hours of continuing education
• Opportunity for a minimum of three mediations a year
• Constructive feedback when requested or required
• Information about obligations to administering agencies, additional trainings, and educational opportunities and materials
• Timely and professional attention to administrative tasks essential to the mediation process
• Legal counsel for any mediators who have been petitioned by the judicial system regarding the agency's cases
  • CDS is legally responsible for the actions and decisions of its mediators and arbitrators. Should any legal action be taken against a CDS mediator or arbitrator, our agency's legal counsel will represent that person by petitioning the court for Mediator/Arbitrator Immunity as determined by the President/CEO. (See Appendix B attached.)

MEDIATION Mediation is a process whereby parties come together voluntarily to discuss problems and explore solutions with the help of a trained neutral.

TRANSFORMATIVE FRAMEWORK

At CDS, we honor our agency's long tradition within the Transformative mediation framework (more information about this framework can be found on the website of the Institute for the Study of Conflict Transformation: https://www.transformativemediation.org/)
We view conflict as an opportunity to transform the quality of the parties' interactions, from destructive to constructive, negative to positive. Mediators support parties to increase their understanding of their own views and the views of the other party, as well as assist them in making decisions based on these understandings. We consider the Transformative framework to be the foundation of our practice, and we also embrace the diversity of tools that our mediators draw from to support our clients' needs.

Apprenticeship Program

The apprenticeship must be initiated within one year of completing the Basic Mediation Training, unless pre-approved by the County Director in the county that the apprenticeship will take place.

The apprenticeship program consists of:

• Three observations of mediation cases
• Three co-mediations, documented on the Mediator Assessment Form
• One solo mediation, documented on the Mediator Assessment Form

An apprentice who is inactive (has not completed any observations or co-mediations) for more than six months must attend a meeting with the County Director in the county in which they will volunteer, in order to identify barriers and assess the apprentice's commitment to completing the apprenticeship.

An apprentice who has not completed their apprenticeship within two years of taking Basic Mediation Training will be taken off the active apprentice list and must re-start the application process if they still wish to mediate with us.

Following successful completion of the apprenticeship program, the applicant is recommended for certification by the County Director. The mediator then receives a letter of certification signed by the President/CEO. Mediators are sworn in before a notary public.

Advanced Trainings

We recommend that apprentices complete the Custody & Visitation Training soon after completing the Basic Mediation Training (BMT), because the apprenticeship for Community Mediation and Custody & Visitation Mediation may be completed at the same time. Apprentices who have completed the BMT but have not completed the Custody & Visitation training must complete their apprenticeship in Community Mediation only. However, they may observe Custody & Visitation mediations.

As a general rule, Advanced Trainings are available only to certified mediators. Eligibility criteria may vary by program and exceptions to the general rule may be made on a case-by-case basis by the President/CEO or her/his designee.
Apprenticeship in areas other than Community and Custody & Visitation Mediation is only available to certified mediators. Specialized apprenticeships will consist of no less than a minimum of one observation, one co-mediation and one solo mediation. Depending on the specialty, additional requirements may apply.

Certification Maintenance

To maintain active certification status with CDS, mediators are required to:

• Complete at least 6 hours of in-services each year which may include:
  • In-services scheduled by CDS (at least 3 hours must be in this category)
  • In-services conducted by other community dispute resolution centers or the Unified Court System's Office of ADR
  • Conferences or trainings that align with the scope of work that CDS offers
• Conduct (as lead or co-mediator) a minimum of 3 mediation cases each year
• Be observed/reviewed by staff using the Mediator Assessment Form at least once every 2 years

Process for Mediators Who Are Out of Compliance

Mediators who have not met their annual certification maintenance requirements will be considered out of compliance and will not be able to mediate at CDS.

Mediators who have not met their requirements in up to two years will be required to:

• Meet with staff to discuss obstacles to completing mediator requirements
• Complete all requirements within the following fiscal year
• Complete one solo mediation while being observed by staff

Mediators who have not met their requirements for more than two years must complete all of the above plus:

• Attend another Basic Mediation Training or a Mediator Refresher class (when offered)
• Complete successful co-mediations and solo mediations to the satisfaction of the County Director/assigned staff

Mediators who do not meet these requirements to the satisfaction of the County Director will be taken off our active mediator list and must re-start the application process and repeat the apprenticeship program if they still wish to mediate with us.

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