Competency Criteria

IMI, via its Independent Appraisal Committee, certifies “Qualifying Assessment Programs” (QAPs) as having the capability to assess individuals against IMI’s standards.  To have a QAP, an organisation’s program must meet the established criteria for QAPs, published elsewhere on this website. 

The below have been adapted and simplified from the criteria for QAPs, for use as guidelines by users who are attempting to establish whether their experience may meet the requirements for IMI Certification or Specialisation.  The criteria for QAPs are authoritative.

Note that Qualifying Assessment Programs are accessible on an equal basis, regardless of Applicants’ professional affiliations, gender, race, ethnicity, age, religion, sexual orientation, or other personal characteristics.

Minimum Standards—IMI Certified Mediators

Note that Qualifying Assessment Programs may have higher entrance standards than these, but they will never be lower. Do make sure you read through the requirements of the Qualifying Assessment Program you are interested in.

1. Mediator Experience.  Applicants must have a substantial level of experience as a mediator—typically, 200 hours or 20 mediations suffice.
2. Mediation Knowledge.   Applicants must have a strong understanding of general mediation theory and practice.  These may be assessed using methods such as written tests, essays, reports, theses, or interviews.
3. Mediator Skills.  Applicants must be effective using the mediation process and techniques.  Evaluations/assessments may be based on roleplay or live action assessments, and may include videotaped and online assessments such as web dramas, self-assessments, interviews, peer reviews, user feedback, and other in-practice skill evaluations

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Minimum Standards—IMI Certified Mediation Advocates

Note that Mediation Advocacy Qualifying Assessment Programs may have higher entrance standards than these, but they will never be lower. Do make sure you read through the requirements of the MA-QAP you are interested in.

1. Experience of the Mediation Process: Applicants must have experienced at least five mediations as a Mediation Advisor/Advocate.  Exemptions: IMI Certified Mediators; mediators who have acted as sole mediator in at least 10 cases/200 hours (in countries where there is no IMI Qualifying Assessment Program.)
2. Knowledge of Mediation Advocacy: Applicants must demonsrate a strong understanding of general mediation advocacy theory and practice.  Written tests, essays, reports, theses and interviews may be used to determine such knowledge.  Applicants are expected to be tested on and exhibit a comprehensive understanding of Mediation Advocacy theory derived from the leading international textbooks on the subject.  See also the General Knowledge Requirements set out below.
3. Practical Mediation Advocacy Skills: Applicants must demontrate a high level of mediation advocacy competency.  Assessment may be conducted using role-plays or live action assessments, and may include videotaped and online assessments such as web dramas, self-assessments, interviews, peer reviews, user feedback or other in-practice skill evaluations.   See also the Practical Skills Requirements below.  Note that MA-QAPs may assess further practical skills.

Mediation Advocacy General Knowledge Requirements

The following areas of practical skills are required for effective mediation advocacy.  The list is offered as guidance.

1. Knowing when mediation may not be a suitable process to address particular issues.
2. Identifying procedural options and preferred processes for reaching optimal outcomes.
3. Knowledge of hybrid dispute resolution processes (e.g., Arb-Med, Med-Arb, Arb//Med, Med-Con, Med//Con, MEDALOA) and their potential advantages and drawbacks in different circumstances.
4. Understanding and applying the best timing for each Dispute Resolution process.
5. Understanding of the nature, theory, procedure, practical application, methodology, appropriateness, benefits and disadvantages of the prevalent types of mediation, schemes or programmes, procedural rules and pertinent costs.
6. Knowledge of negotiation and solution-generating processes, as well as party and participant dynamics, as contextualised by the choice of mediation process/vehicle.
7. Understanding of the role of a mediator, and the palette of mediator methodology, psychology, core training, and practices.
8. Knowledge of relevant laws affecting mediation practice including structure and enforceability of mediation agreements (where relevant), confidentiality and privilege /professional secrecy, and structure and enforceability of settlement agreements.
9. Familiarity with methods of formulating solutions, including assessing alternatives (BATNA, WATNA, PATNA, RATNA [3] & preparing client and self for joint/caucus mediation meetings.
10. Ability to assist parties in separating interests from positions.
11. Ability to seek and understand the motivations behind individual positions as distinguished from the issues in dispute.
12. Familiarity with techniques like questioning, summarizing, (active/effective) listening, framing and re-framing, reformulating, reflecting and paraphrasing.
13. Ability to make strategic choices that can help strike a balance between positional claims that advocate the clients’ interests and creating value based on interests.
14. Familiarity with cross-cultural settings and dynamics.
15. Understanding of cross-border and multi-cultural mediation paradigms.
16. Ability to adapt procedural parameters when dealing with multi-party or complex cases involving numerous participants.
17. Understanding of professional and ethical standards and behaviors, and the use of ethics in generating, informing and/or setting norms.
18. Ability to draft settlement agreements as discussed by the parties to the mediation.
19. Ability to understand and interpret settlement agreements and procedural options.
20. Ability to explain the nature, theory, procedure, practical application, methodology, appropriateness, benefits, advantages and drawbacks of prevalent types of mediation within or between relevant jurisdictions, court-connected mediation schemes, ad-hoc or institutional procedural rules, applicable costs, and professional applicable professional ethics codes.
21. Knowledge of problem-solving, interest-based negotiation techniques.
22. Knowledge of the distributive (adversarial) approach to negotiation, in addition to the problem-solving (interest-based) approach and knowing when and why to apply each. Knowing how to avoid and counter unhelpful adversarial attitudes, behavior and language.
23. Knowing how to use techniques for productively supporting the parties, their representatives, the mediator and the process, and using the mediator and the process effectively to generate a mutually accepted outcome.
24. Knowing how to effectively communicate with the mediator, prior to, during and after the mediation sessions.

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Mediation Advocacy Practical Skills Requirements

The following areas of practical skills are required for effective Mediation Advocacy.  The list is offered as guidance.

1. Pre-Mediation Stage

A. Case diagnosis and process selection

1. Conflict diagnosis, including conflict (de)escalation models.
2. Understanding when a neutral third party can add value in a conflict and assessing the quality of that value.  Being able to convincingly convey that understanding to the client.
3. Using dispute assessment & risk analysis methodologies.
4. Identification of relevant parties, stakeholders and participants to the process.
5. Identifying the most appropriate process.  Skills to assess (contra-) indications, pros and cons, and strengths and risks of each method. Being able to convincingly convey that understanding to the client.
6. Design, customization and implementation of appropriate conflict resolution processes.
7. Considering possible application of hybrids and other process design options.
8. Pre-mediation analysis.
9. Application and interpretation of alternatives analysis, BATNA, WATNA, PATNA and RATNA
10. Whether or not to use norms to set ZOPA[4] and leverage such analyses.
11. Defining time frames.
12. Understanding different levels of readiness of the client to accept mediation and the ability to address their concerns effectively.

B. Clarifying and initiating process

1. Initiating contact with the other parties or their representatives, and/or with mediation institutions.
2. Consider whether the parties wish to use norms, subjective interests, or a combination of the two to resolve the dispute, and what norms (if any) to use (e.g., laws, customs, community response).
3. Consider the relevance of past, present or future events, and whether to focus on the past or the future as a basis for seeking resolution of the dispute.
4. Counselling clients, principals, participants and relevant stakeholders, as appropriate to identify and resolve procedural issues and options separately from substantive issues to be mediated, and if so when and how to mediate.  Explaining mediation goals and process.
5. Communicating effectively with the other side to bring them to mediation in the right frame of mind.
6.  Identifying and overcoming possible misperceptions (e.g., concerns of appearing to be weak if agreeing to negotiate).
7. Collaborating and negotiating with other parties, their representatives and the mediator about process choice and design, logistics and timing. Setting, collaborating and negotiating about mediator selection criteria with the other parties and their representatives and where appropriate, working with the other parties to identify, set and implement each mediation parameter.

2. Selection of neutral and preparation stage

A. Identify, negotiate and select mediation process and mediator

1) Mediation process and mediator

1. Selecting the most suitable mediation procedure, style and approach (e.g. evaluative, transformative, facilitative, narrative, solution focused, eclectic, hybrid forms, co-mediation, joint sessions and/or caucus-based), including consideration of common mediation approaches used locally and elsewhere
2. Determining whether mediation should be administered or self-administered. Applying specific aspects of court-connected mediation processes.
3. Working with the participants and the mediator(s) to determine the need for a mediation agreement (if any), select a venue, identify participants, use opening statements (if any), time allocations (if any), prior written submissions (if any), the mediator(s) role and conduct; discuss the use and frequency of joint sessions and/or caucuses (if any).
4. Finding, selecting and appointing the most suitable competent mediator(s) for this case, these parties and the specific circumstances.
5. Knowing when co-mediation is appropriate and how to select and convene a co-mediation team in collaboration with the other side.
6. Knowing how to select a suitable mediator for a particular case, including, mediation style and skills, and identifying the need for a specialist or generalist.
7. Collaborating and negotiating with other parties, their representatives and the mediator about process choice and design, logistics and timing.
8. Using the IMI Decision Tree online or using a software application or other tools to assist in achieving any of the above.[5]

2) Administrative, formal and legal aspects of coordinating a mediation.

1. Negotiating and (where applicable) drafting the mediation agreement.
2. Dealing productively with any obstructive or fencing behavior of the other party or the party’s representatives.
3. Advising on mediation clauses, mediation rules and regulations of mediation providers and professional bodies, ethical guidelines, codes of conduct, complaint schemes, disciplinary processes, liability issues, confidentiality, privacy, refusals to participate, mandates, and authorities to settle.

B. Preparation

1. Composing mediation teams. Identifying/negotiating attendees on each side.
2. Information strategy: when (and when not) to share what information with whom. Determining information that is needed.
3. Identifying the necessary documents to be exchanged with knowledge of applicable confidentiality rules.
4. Timing of the revelation of interests and options.
5. Advising on the roles of client and advocate.
6. Separating interests & positions.
7. SWOT analysis skills (own client and, hypothetically, the other party).
8. Preparation of self, client and the mediator.
9. Drafting a Mediation Briefing or Position Statement and a Strategic Mediation Representation plan for cases where such materials are required.
10. Using an IMI Online Evaluation (“OLE!”) form or other tools to assist the participants in their preparations.[6]

3. Mediation stage

A. General, Monitoring Progress

1. Monitoring progress and checking whether the process needs to be adapted to the circumstances.
2. Awareness of the key factors for success and failure in mediation.
3. Collaboration with own client, the other party and the other party’s representative to facilitate a constructive outcome based on problem-solving techniques.
4. Counselling the client on financial, tax, social, legal, reputational, commercial and other relevant interests.
5. Making an informed choice between several approaches and options for resolving the issues, and knowing when to suggest each approach (including whether and when to terminate the mediation process as necessary).
6. Balancing between (1) claiming value and advocating the client’s interests and (2) creating value and motivating participants to reach a settlement.
7. Acting as client coach and “reality check” to help them gain familiarity and confidence with the process, their relevant roles and whether their positions are compatible with their interests.
8. Collaboration with the mediator, tasking the mediator, ensuring the mediator understands the client’s core interests and constructively designing and implementing the mediation process from the perspective of all parties.

B. Opening statements and Agenda Setting

1. Breaking the ice and creating constructive conditions for a productive mediation process. Identifying interests, topics for discussion, information to be exchanged (give and get) and possible impasses to be overcome.
2. Agenda setting and time and expectation management.
3. Coaching clients, where applicable, to prepare and deliver effective opening statements. Opening statements in accordance with the style of mediation or negotiation approach. Understanding what type and style of opening statement to use (e.g., argumentative, persuasive, explanatory, expressive etc.) as may be most effective, what to include and omit, and possibly proposing to defer to a later point in time or dispense with formal statements when this would be more effective.  Deciding who should deliver the opening statement.
4. Supporting information exchange by summarizing facts and addressing queries from the other party, the other party’s representative or from the mediator.
5. Interpreting the other party’s opening statement and identifying key information, interests, opportunities and impediments.

C. Exploration

1. Generating effective negotiation approaches, explanations of first offers, package deals, concession strategies and negotiation techniques.
2. Eliciting interests and distinguishing positions from interests.
3. Applying communication skills like active listening, reformulation and non-positional communication skills.
4. Understanding