Mediation Assessment form

"*" indicates required fields

Assessors Name*

Assessors Name

Mediators Name*

Mediators Name

Preparation*

Preparation

Introductions*

Introductions

Mediator’s opening statement (Explain role of the mediator and clarify expectations)*

Mediator’s opening statement (Explain role of the mediator and clarify expectations)

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Not Legal
Parties make decisions
Impartiality
Confidentiality
Voluntary
Time constraints
Explain the Process
Cover the Ground Rules

Comments*

Comments (Preparation to Mediator Opening Statements)

Party Statements*

Party Statements

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the statements stage
Direct statements to mediator
Remind not to interrupt
Note taking with minimal pauses
Interruptions managed appropriately
Parties’ patience acknowledged

Summaries*

Summaries

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the statements stage
A variety of reported speech used
Facts & feelings reflected
Accurate reflection
Clear speech and language
Check acceptance by parties

List of Issues*

List of Issues

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the list of issues stage
Formulate list of issues in a timely manner
Control parties talking between themselves
Headings and words should be: Neutral, clearly understood, in a useful order, covers all key issues, reflect both parties concerns, not overly complex
Check parties’ acceptance with minimal debate and discussion

Comments: Opening Statements, Summaries and List of Issues*

Comments: Opening Statements, Summaries and List of Issues

Exploration*

Exploration

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the exploration stage
Effective use of List of Issues
Transition
Paraphrases
Balance between parties
Variety
Reflect facts & feelings
Comments directed between parties
Appropriate mediator involvement
Appropriate use of silence
Topics fully explored (who, when, where, why, how & what).
Emotions acknowledged and managed.
Parties’ ownership of the dispute promoted (use of “you” and not “we”).
Positive & constructive climate promoted.
Private sessions explained

Comments: Exploration*

Comments: Exploration

Option Generation*

Option Generation

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the option generation stage.
Change focus towards the future.
Use list of issues to guide discussions.
Provide comments on what options have already been discussed
Encourage a range of options from each party to consider during private sessions

Private Session Party A*

Private Session Party A

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the private session stage.
Confidentiality.
Impartiality and ownership maintained.
Set party at ease and create a supportive environment.
Check feeling about the process so far.
Check if anything needs to be discussed which hasn’t been.
Use the agenda to guide discussions.
Reality testing.
Be strict on time.
Remind of confidentiality again.

Private Session Party B*

Private Session Party B

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the private session stage.
Confidentiality.
Impartiality and ownership maintained.
Set party at ease and create a supportive environment.
Check feeling about the process so far.
Check if anything needs to be discussed which hasn’t been.
Use the agenda to guide discussions.
Reality testing.
Be strict on time.
Remind of confidentiality again.

Comments: Private Sessions

Negotiation*

Negotiation

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the Negotiation stage.
Thank parties for their patience.
Remind parties of confidentiality of private session.
Use list of issues to guide discussions.
Recall previous comments to stimulate discussions.
Reality test options being discussed.
Hypothesise options being discussed.

Comments: Option Generation and Negotiation*

Comments: Option Generation and Negotiation

Closing Statement*

Closing Statement

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Explain the outcome statement stage.
Verbal / written agreement.
Start with a goodwill statement.
Use the raw data collected during negotiation to formulate possible agreement phrases with the parties.
Check and test that the agreement is: Fair and balanced, positive in wording and attitude, workable and specific, in the parties own words, what the parties want.
Written in clauses which alternate parties’ names for balanc
Includes fallback position.
Includes any unresolved issues.
Checked against the agenda.
Agreement signed by all parties.
Copy of agreement given to parties.

Comments: Outcome Statement

Closing Statement*

Closing Statement

	No demonstration	Slightly Demonstrated	Semi Demonstrated	Good Demonstration	Full Demonstration
Acknowledge time spent, effort made &/c-operation during process.
Congratulate parties.
Emphasise parties’ ownership of their agreement.
Reassure about confidentially.
Welcome to use the service in the future.

Comments: Closing Statement

Overall comments/suggestions for improvement

Overall Assessment

To what extent would you assess the level of competency of the mediator?*

To what extent would you assess the level of competency of the mediator?

High Standard: The mediator consistently demonstrated to a high standard of expertise the skills, knowledge and ethical understandings required under the AMDRAS. The mediator was consistently active throughout the entire mediation and intervened as required in approximately 85-100% of the opportunities provided, to an expert standard.

Intermediate Standard: The mediator demonstrated an intermediate standard of skills, knowledge and ethical understandings required under the AMDRAS. The mediator was active throughout most of the mediation and intervened as required in 70-84% of the opportunities provided, to the required standard.

Basic Standard: The mediator demonstrated a basic standard of skills, knowledge and ethical understandings required under the AMDRAS. The mediator was active in approximately 50-69% of the opportunities presented throughout the mediation.

Not Yet Competent: The candidate has not demonstrated to a satisfactory level the skills, knowledge and ethical understandings required under the AMDRAS.

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