Why more family practitioners are training as mediators
Becoming a family mediator involves two main stages. The first is a qualifying foundation training course, and the second is working towards accreditation. Before we turn to the practicalities, we look at why more and more practitioners are becoming mediators. We also have a perspective from Xanthy Papageorgiou on mediation training and the “practical and tangible” benefits it brings.
Why become a mediator?
For Resolution family practitioners there has been, over the past few years, a clear shift in family law toward encouraging clients to resolve disputes outside the court system through structured, co-operative methods such as mediation.
This has been backed up by the courts with rule changes to the Family Procedure Rules and wider promotion of non-court dispute resolution (NCDR).
The advantages to clients are obvious: avoiding court delays and backlogs, reducing emotional stress, lowering costs, and creating more robust and longer-term solutions.
Mediation skills are strongly complementary to a family practitioner and are fully transferable skills for a family lawyer, therapist or financial professional when working with families going through separation.
With a focus on negotiation competencies, managing conflict, communication and coaching skills, learning how to be a family mediator is known to be a crucial dimension for the family practitioners’ skill set.
In the menu of options for NCDR mediation is now a central focus for the future of resolving family issues post-separation. Members who train with us find that the skills they’ve learned are also used in their everyday practice.
Qualifying foundation training
The mandatory first step toward Family Mediation Council (FMC) accreditation is to complete an FMC approved foundation training course. The FMC is the overarching body which sets the standards for family mediators and includes a number of member organisations, of which Resolution is a founder member.
Resolution offers family mediation foundation training, which is approved by the FMC. The training course has been described by many as transformative and, as noted, the skills learnt on the course are transferable to all areas of work, particularly family law.
Prescribed requirements for mediation foundation training are that it is an assessed course with a compulsory 60 hours of contact time and a minimum of eight days. Entrants must be able to work to a graduate level, have adequate English, and work with conflict and manage interpersonal relationships at a professional level.
Resolution delivers the course on a hybrid basis with an initial workshop which is half a day, and then three modules of three days online, two days in person and three further days online. Prior to the start of the foundation training there are relevant materials to read through and understand.
Resolution is uniquely able to offer the Resolution Family Mediation Handbook, which can be accessed on the Resolution website.
The content relates to the FMC Code of Practice and professional competency standards. Learning is a combination of in-person and remote learning, and materials include distance learning and taught materials, and self-observation.
The course is an experiential course – learning by doing – and from day one participants will be given the opportunity to be a mediator as well as mediation participants. Roleplays enable a 360-degree perspective from all points of view, and are observed in order to facilitate feedback from fellow attendees and trainers.
The Resolution mediation foundation training has limited numbers to ensure that each cohort has access to knowledge and experience from the trainers. There is a maximum of six participants per trainer.
After Module 1 and Module 2 there is a written assignment and at the end of Module 3 a full competency assessment is provided.
Post-foundation training participants are encouraged to register with the FMC, and this can only be done with the appointment of a professional practice consultant (PPC), who is a guide, support and mentor up to and beyond the point of accreditation. This relationship is one of support and oversight and a PPC must be registered, accredited and trained.
Working towards accreditation
FMC registration will require a certificate of completion of the foundation training, appointment of a PPC, membership of an FMC member organisation (Resolution membership satisfies this requirement) and completion of the application form to ensure that the mediator is of good standing.
The next step is to work towards an accreditation application with the Law Society or the FMC, which are the only two schemes. This includes:
• undertaking mediations
• observing an accredited mediator
• mediating (those working towards accreditation cannot undertake Mediation Information Assessment Meetings)
• being observed carrying out a mediation
• Continuing Professional Development
• time spent with a PPC
• case commentaries showcasing the competencies used by the mediator
• case studies, which are provided by the member organisation
• a reflective diary is encouraged from the point of the mediation foundation training to reflect on practice, strengths and weaknesses as a self-learning tool
Typically, three years after completion of the mediation foundation training is the expected point of application for accreditation, although extensions of one or two years can be applied for and given if necessary.
Accreditation is a kitemark of professional excellence that provides the opportunity to access the government’s OPIA family mediation voucher scheme, carry out legal aid work and conduct MIAMs.
When can we mediate?
Mediation is always subject to careful checking for safety and suitability as an approach, and being mindful of any domestic abuse issues. Recent examples of my mediation include:
1) Working with parents who had litigated for eight years over their two sons and through mediation established a co-operative and mutually respectful co-parenting approach, much to the relief of extended family and friends, and to the considerable benefit of their children.
2) A divorcing couple with two young children who were in the process of selling their house coming up to the exchange of contracts and they were in court proceedings regarding finances. They resolved all aspects of their financial settlement to enable a consent order to be submitted by their lawyers. This enabled them to focus on their move and support their two children in the next chapter of their lives. Additionally, they saved the legal costs of their anticipated hearing.
3) A couple who had elected to have one lawyer to consult on child arrangements and finances. Their teenage daughter was given a voice in her future family care arrangements once the house was sold, through bringing in child inclusive mediation as she had a clear idea of what would need to be considered from her point of view – and on a side note she was also keen to avoid having two Christmas dinners as she didn’t like turkey!
These are just a few examples of where mediation can, in a timely and safe space, create long-lasting and robust solutions. It is well worth having a look at Resolution’s mediation foundation training on the website.
Mary Raymont, Advantage Mediation
A member’s take on training: Xanthy Papageorgiou
Training as a mediator has had a lasting impact on how I practise as a solicitor, particularly in how I work with people in conflict. It has given me a set of skills that now underpin my advice work in a very practical and tangible way.
Active listening is one of the most challenging and valuable skills I have developed. It involves setting aside the instinct to analyse or respond, and instead paying close attention not only to what is being said, but how it is said and what sits beneath it. Listening in this way changes the quality of the conversation, deepens my understanding of motivation, and shapes the process that follows.
Closely linked is the skill of helping people to hear one another. In conflict, particularly where emotions are high, listening often breaks down and important concessions can be missed. Knowing when to slow the process down or repeat a key point can be pivotal. Careful language used in mediation can work just as well in solicitor correspondence to reduce escalation and help messages land.
Reframing has also become central to my practice. Conflict can lock people into rigid narratives. Careful reframing does not deny those experiences, but helps shift focus towards shared concerns and workable options.
I would recommend mediation training to all solicitors, whether or not they intend to practise as mediators. In my experience, this is particularly valuable for those at the junior end of their career, where developing strong communication, listening and judgement skills early can shape an entire professional approach.
Xanthy Papageorgiou, Sinclair Gibson