Accreditation and Standards for Mediators in Europe
This presentation discusses the examination, certification, and attestation requirements for mediators across Europe, emphasizing the need for high standards, the institutional framework for accreditation, requirements under the law on mediation, and maintaining mediator accreditation. It also covers the process for lawyers to become accredited as mediators and highlights the benefits of using an accredited mediator. The content is informative and insightful for those involved in the mediation profession.
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Presentation Transcript
1 EXAMINATION, CERTIFICATION AND ATTESTATION FOR MEDIATORS ACCROSS EUROPE Mag. iur. Dana Rone 21 February 2025
2 NEED FOR EXAMINATION & ATTESTATION High standards for the profession Protection of the profession Protection of the customers of mediation service Social responsibility 21 February 2025
3 THE INSTITUTIONAL FRAMEWORK FOR ACCREDITATION OF MEDIATORS Is there a special institution for accreditation of mediators Who is in the institution? Ministry of Justice representative, University academics, Judges, etc. Outside control Inside control Self-organization of mediators 21 February 2025
4 ACCREDITATION REQUIREMENTS UNDER THE LAW ON MEDIATION Qualification for mediators Candidate demonstrates adequate training Guarantees of independence No disciplinary / other sanctions in the past 21 February 2025
5 ACCREDITATION REQUIREMENTS Formal request CV Extract from criminal record Sworn statement about no disciplinary sanctions Documentary evidence about successful completion of courses, training A copy of education degree In some countries professional liability insurance Statement of candidate commiting to respecting the Code of Conduct Payment document for examination / attestation 21 February 2025
6 REQUIREMENT TO MAINTAIN MEDIATOR S ACCREDITATION Documentary evidence about continuing professional training theory and practice Evidence about regular and frequent practice Approved / non-approved programs of studies How many hours for training? How many mediated cases? Analysis of cases Repeated exam? 21 February 2025
7 REQUIREMENTS FOR A LAWYER TO BECOME ACCREDITED AS A MEDIATOR Same or different requirements? Same of different courses? Same or different professional civil liability insurance? 21 February 2025
8 BENEFITS FOR USING AN ACCREDITED MEDIATOR Judges recommend only accredited mediator State fees in court are fully/partially returned in the case amicable agreement is concluded with the help of mediator 21 February 2025
9 RIGHTS AND OBLIGATIONS OF AN ACCREDITED MEDIATOR Observance of principle of confidentiality Obligation to issue confirmation letter to the parties in the end of mediation Code of Conduct observance 21 February 2025
10 LIABILITY AND IMMUNITY OF AN ACCREDITED MEDIATOR Professional liability In some countries professional civil liability insurance Sanctions in cases of professional or ethical breach: 1. Warning 2. Reprimand 3. Temporary withdrawal of the accreditaion from some months to years 4. Permanent withdrawal of the accreditaion 21 February 2025
11 QUALITY ASSURANCE MECHANISMS Complaints procedures against accredited mediators Complaints procedures against non-accredited mediators Disciplinary commission Members of the Disciplinary commission To publish or not to publish disciplinary cases and decisions? 21 February 2025
12 ACCESS TO INFORMATION ON ACCREDITED MEDIATORS Latvia: http://sertificetimediatori.lv/mediatori/ Finland: http://www.sovittelu.com/english/index.php Lithuania: http://www.mediacijosinstitutas.lt/ Estonia: http://www.lepitus.ee/index_en.php Italy: https://mediazione.giustizia.it/ROM/ALBOMEDIATORI.ASPX General links: http://mediation.turiba.lv/index.php?id=5 21 February 2025
13 Thank you! 21 February 2025
