To candidates who successfully absolve the Post Experience Mediation Advocacy Assessment Program ACB foundation offers the title ‘IMI Certified Mediation Advocate'/ 'ACB Accredited Mediation Advocate' for those having a legal background and/or having fully completed a legal university education (lawyers, judges, notaries, law students, corporate counsel, etc.). The title ‘IMI Certified Mediation Advisor' /'ACB accredited Mediation Advisor' will be offered to everybody else (managers, financial experts, psychologists, etc.). Those who can fall into both categories are allowed to use both titles interchangeably.
Candidates who successfully absolve a post training mediation advocacy assessment are offered the title ACB recognized Professional Mediation Advocate.
ACB Mediation Advocacy Assessment
The ACB assessment consists of a detailed interview based on prior submitted written materials and dilemmas and strategic choices for mediation advocates/advisors. The materials include a case study consisting of a general description and confidential background information for the party that the applicant has represented, including a mediation representation plan, a mediation briefing for the mediator, a draft opening statement for the applicant and his/her client, as well as a (draft) settlement agreement. The assessment is also based on a self-evaluation of the advocate/advisor’s role and competency for this case.
In order to be eligible to enroll in the ACB Mediation Advocacy Assessment program an applicant must have real life prior experience as a mediation advocate in at least 5 actual cases or 50 hours of mediation advocacy. An excemption is made for IMI Certified Mediators, or mediators having acted as sole mediators in at least 10 cases/200 hours (in countries where there are no Qualifying Assessment Programs for IMI Certification).
Mediation advocates need:
The ACB 2-step post experience mediation advocacy assessment program
Step 1: Preparation and submittance of material to ACB:
The applicant must describe how they will prepare for and initiate a case, including finding the mediator; design an appropriate process; what dilemmas and strategic choices they might be faced with. The applicant must describe what is necessary to effectively keep this process with these parties on track, what factors may be influencing the process including how to adapt the process accordingly and design appropriate interventions as a mediation representative.
- The mediation advocate/advisor should submit a case study prepared by them, describing an actual mediation case in which this applicant was involved in, or prepare a case study based on several mediations combined.
The case study should consist of a minimum of 2 pages:
- minimum of 1 page with general information and
- minimum 1 page of confidential information for the party that is represented.
The case study should clearly describe the parties involved, the setting, the issues, the interests and positions of each party, the parties’ constituency, as well as any other relevant information.
- The applicant should send a self evaluation of their mediation advocacy skills based on at least 5 actual cases or 50 hours of mediation advocacy: Strengths, Areas for improvement, Opportunities and Threats.
- The applicant should also submit a logbook.
The logbook should state:
- the months and year, amount and duration of mediation sessions,
- duration of the mediation (the start is calculated from the date of first contact with the parties, the end is the date of concluding the mediation or
signing the settlement agreement),
- subject matter,
- type of parties, and others involved in the mediation,
- what kind of counsel/mediation advocate/advisor was representing the other party,
- the number of participants and
- whether or not settlement (in part) was reached.
- The applicant should submit a strategy and reasoning of how to approach this particular case, by describing:
- what challenges, special areas of attention and opportunities are connected to this case,
- how they will prepare for and initiate this case,
- how to design an appropriate process and what dilemmas and strategic choices they will probably be faced with or have faced,
- what is necessary to effectively prepare the client and manage this process with these parties,
- what factors may be influencing the process including how to adapt the process accordingly and design appropriate interventions.
The above (D) can be submitted separately or as a part of the mediation representation plan, a mediation briefing for the mediator, a draft opening statement for the applicant and his/her client, and/or as a (draft) settlement agreement as described under (E).
- The applicant should submit mediation documents as well:
- mediation representation plan,
- briefing for the mediator,
- draft opening statement for the applicant and his/her client,
- (draft) settlement agreement.
Step 2: Review of materials and interview:
The case study and other materials will be reviewed by a mediation advocate/advisor assessor and there will be a follow-up interview of 45-60 minutes between the assessor and the applicant. The criteria and bench marks used are those developd by the IMI Mediation Advocacy Task Force. During the interview the assessor(s) will discuss dilemmas and strategic choices that the applicant has made or could/should have made as well as test and discuss how the practical skills listed in IMI's criteria/Core Competency Knowledge Elements for mediation advocates have been applied by the mediation advocate.
The applicant must get a positive evaluation by the assessor in both the written part (step 1: A, B, C, D, E) and the oral part (step 2) of the examination in order to become a ACB Accredited Mediation Advocate/Advisor and/or IMI Certified Mediation Advocate/Advisor.
The costs for an ACB mediation advocacy assessment (step 1 and 2 combined) are € 650,- (excluding 21% BTW/vat where applicable).
In case of a life action assessment the costs for travel and stay of the assessor should be reimbursed as well.
Each Assessor must have substantial experience of mediation advocacy and/or teaching/assessing mediation advocacy competency.
ACB Foundation does not offer mediator training programs, the foundation assesses the performance of mediators independent of a specific own mediator training program, mediation style, mediation advocacy approach, etc. The ACB assessors will be trained by ACB and hired on a case-by-case basis as independent contractors. Assessors need to sign an integrity declaration for each assessment stating:
“To the best of my knowledge, this mediation advocate/advisor has been assessed in line with my professional integrity, according to the ACB standards and requirements for professional assessments and on an equal base (independent of personal preferences, a specific mediation style or approach, training, or training institutes, professional affiliation, region, gender, race, sexual orientation, religion, or other personal characterizations or affiliations). I hereby attest that all marks were placed independently and to the best of my ability. Also I ascertain confidentiality of and privacy for the documents, information gathered as part of this assessment as well if applicable any video materials."
ACB’s assessment task force, chaired by ACB Foundations President, will monitor the work of the assessors and IMI audit is welcome. ACB’s assessors are trained by Toolkit Company and the assessors are invited to join Toolkit Company’s social learning environment to prepare and review Personal Development Plans and receive 360 degree feedback.