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NOTE: For the Purposes of this document, the term “Supervisor” shall refer to an LSHK Accredited Family Mediator/Family Mediation Supervisor & the term “Trainee Mediator” shall refer to persons who have completed the LSHK accreditation training requirements for Family Mediators and are undertaking the actual case supervision requirement to complete Stage 2 of the LSHK Family Mediator accreditation procedures.
The Parties should be advised that the Trainee Mediator is not accredited.
Parties should be told that the Trainee Mediator has completed training but needs to complete the accreditation component of live case supervision.
The Supervisor has the responsibility to explain to the parties that the Trainee Mediator will be responsible for conducting the mediation, however it will be on a co-mediation basis, such that the Supervisor can monitor and intervene where necessary.
Both the Supervisor and Trainee Mediator should obtain the parties permission (preferably in writing) regarding clauses 1, 2, and 3 prior to commencing the mediation.
A different Supervisor should be used for each of the two supervised cases.
The Supervisor is ultimately responsible for the protection of the parties and ensuring that the mediation is conducted as per the Code of Practice for Family Mediators.
A borderline assessment/evaluation of the Trainee Mediator's performance should be considered as a "no" recommendation as per the Assessment Form.
A written Supervisor/Trainee Mediator contract should be used to make explicit the terms for the supervision.
The Supervisor should take the responsibility of supervising Trainee Mediators in good faith and should be as independent and as fair minded as possible.
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A. Guidelines for Supervisor
1. Prior to Commencing the Mediation
(a) Prior to accepting a Trainee Mediator, the Supervisor must ensure that they have the time and commitment to undertake this responsibility.
(b) Check with Trainee Mediator before case allocation what times he/she can commit to the mediation proper and supervision/debrief sessions and do not accept Trainee Mediator if times are not mutually convenient or are inflexible. (E.g. the Trainee Mediator is only available one evening per week.) Do not underestimate how difficult it is to co-ordinate times with both the parties that also suit yourself and the Trainee Mediator. Time availability and flexibility are important.
(c) Mutually agree that the Trainee Mediator will complete the whole mediation if appropriate, including drafting the Settlement Agreement and post mediation follow-up.
(d) Agree on a mutually acceptable venue. This is generally more convenient for the Supervisor if the venue is at his/her place of work.
(e) If there is an additional cost associated with the venue for the supervised mediation, responsibility for this cost should be negotiated between the Supervisor and Trainee Mediator prior to commencement.
(f) It is the Supervisor's responsibility to ensure that they have up to date information regarding accreditation procedures and the latest Evaluation/Accreditation Forms. The Supervisor should also check the Trainee Mediator has obtained their own copy of these from LSHK so that everyone is aware of the criteria being used for the evaluation.
(g) The Supervisor will meet with the Trainee Mediator for a pre-supervision session (approx. half an hour) to clarify mutual expectations, goals and learning methods.
(h) Discuss the terms of the Supervision Contract with the Trainee Mediator and sign. This should outline each parties' responsibilities, time, fees, payment method and venue for mediation and debriefing sessions. Both the Supervisor and the Trainee Mediator should sign a “Record of Hours” sheet at the conclusion of each mediation session. It will be the Supervisor's responsibility to maintain this record sheet.
(i) The Supervisor will ensure that the Trainee Mediator has an appropriate Agreement to Mediate Contract to use. If mutually agreed, the Trainee Mediator can use the Supervisor's contract.
(j) Parties should be initially assessed as appropriate for mediation by referral information/phone contact with the parties, prior to allocation by a Supervisor or acceptance by a Trainee Mediator.
(k) If the Trainee Mediator brings his own case, the Supervisor should explain that suitability must still be assessed.
(l) Both Supervisor and Trainee Mediator should be involved from the outset, i.e. they should participate in the intake or pre-mediation interviews. In the event that following this assessment the case is not suitable or is too difficult for a Trainee Mediator, even if the Trainee Mediator brought the case to the Supervisor, the Trainee Mediator will accept the assessment of unsuitability and not proceed. The Supervisor may invite the Trainee Mediator to proceed on the basis of either observing or co-mediating as the junior partner on a non-assessable basis, on the condition that they undertake to attend all the mediation sessions. In such case, the supervision fee for the intake and premediation sessions will be charged unless otherwise agreed.
2. Conducting the Mediation
(a) Be available for a minimum of a half an hour consultation with the Trainee Mediator prior to each session to discuss the goals of the session and comediation roles.
(b) Debrief immediately after each mediation session in person or by phone with the Trainee Mediator for a minimum of a half an hour to keep the Trainee Mediator informed of his/her progress/knowledge/skills/qualities, both demonstrated and required.
(c) The Supervisor's feedback should concentrate on:
(i) the encouraging/positive aspects of the Trainee Mediator's performance together with some constructive criticism of the less appropriate/effective aspects of his/her mediator behavior.
(ii) feedback should be concrete, with specific examples, to make it relevant to the Trainee Mediator and easier for him/her to accept.
(iii) Do not form premature judgments on the reasons for the Trainee Mediator's performance when giving feedback but ask the Trainee Mediator to explain the rationale. His/her intention may have been appropriate but the strategy inappropriate, (eg. breaking a deadlock).
(iv) Deliver feedback using “I” messages so as to own the feedback and help the Trainee Mediator receive the feedback without becoming defensive.
(v) Be prepared to discuss, clarify and give examples if asked by the Trainee Mediator.
(vi) Be aware of your own reaction to the Trainee Mediator and maintain neutrality. Do not overprotect or expect too much.
(vii) Give feedback honestly and professionally.
3. After Settlement/Agreement Reached
(a) Review and discuss the Draft Mediation/Settlement Agreement regarding the terms of the Settlement prepared by the Trainee Mediator prior to the parties' signing same. In the event that the case does not reach Settlement, ask the Trainee Mediator to draft a mock Agreement and discuss same. The Supervisor will record these comments on the evaluation sheet.
(b) Do final verbal evaluation debrief with Trainee Mediator after signing at a mutually convenient time for a minimum of a half an hour, or for such time as is necessary.
(c) Prepare and discuss the Evaluation Form with the Trainee Mediator within one to two weeks of the final mediation session. Give the original of this to the Trainee Mediator and retain a copy for your own records.
(d) Indicate clearly your recommendation as to whether the Trainee Mediator should be recommended for the Family Mediation Panel. If the evaluation is borderline, you should not make an affirmative recommendation and should explain to the Trainee Mediator the reasons for this.
(e) Explain to the Trainee Mediator that it is his/her responsibility to submit this evaluation form, together with all other necessary documentation to the Mediator Accreditation Committee of the LSHK.
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B. Guidelines for Trainee Mediators
1. Prior to Commencing Mediation Supervision
(a) Obtain the current Accreditation criteria and a copy of the Evaluation Form from LSHK, such that you are aware of the Accreditation and Supervision/Evaluation criteria.
(b) Contact the Supervisor, in writing if possible, with request for supervision, indicating availability.
(c) Negotiate, agree and sign the Supervision Contract with the Supervisor regarding the fees, venue, times, etc. for the mediation.
(d) Agree to abide by the Code of Practice of Family Mediators of LSHK.
(e) Prepare an Agreement to Mediate Form or mutually agree to use the Supervisor's contract.
(f) Attend a pre-supervision meeting with the Supervisor to clarify goals and comediation roles.
(g) Be involved with the Supervisor in the mediation from the outset, including Intake or Pre-mediation sessions to assess case suitability and the nature of your future involvement.
2. During Supervised Mediation
(a) Make yourself available at least a half an hour before the scheduled mediation appointment to set up the room and discuss roles and process for the session with the Supervisor.
(b) Come prepared for the session with a plan. Do not expect the Supervisor to do this. You are responsible for the session and the conduct of the mediation.
(c) Prepare any provisional drafts for approval by the Supervisor and fax or email same at least 48 hours ahead of the session.
(d) Be available for debriefing sessions for a minimum of a half an hour or for such time as required by the Supervisor.
(e) Be open to and accepting of debriefing comments:
(i) Accept feedback as information not personal criticism or judgment. Be open to the fact that this is a new process with new knowledge, skills, qualities for you. Regardless of one's own professional expertise, this new process must be learnt through experience and mistakes.
(ii) If you do not agree with or do not understand the feedback, ask for clarification and examples from the Supervisor or check with others if anyone else is present, (eg. one way mirror observation)
(iii) Demonstrate use of feedback in subsequent mediation sessions.
(f) Pay agreed supervision fees at the conclusion of each session or as otherwise negotiated in the Supervision Contract.
(g) Be responsible for any necessary liaison with lawyers or other experts and report same to the Supervisor prior to the commencement of the mediation session. Show any drafts of letters to the lawyers or other experts to the Supervisor prior to sending. Keep a record of time spent in liaison.
3. After Settlement/Agreement Reached
(a) Prepare the Draft Mediation Settlement Agreement and send to the Supervisor at least 48 hours before the final mediation session for the Supervisor's comments.
(b) Be available for a debriefing with the Supervisor for a minimum of a half an hour or such time as required by the Supervisor.
(c) Be responsible for any necessary follow-up with the clients and legal representatives and report same to the Supervisor.
(d) Give and obtain completed Client Feedback Forms from the parties for Accreditation purposes.
(e) Be available for a final debriefing regarding supervision evaluation with the Supervisor at a mutually agreed time and for such time as required by the Supervisor.
(f) It is the Trainee Mediator's responsibility to submit the Evaluation Forms and any necessary documentation to the Mediator Accreditation Committee of LSHK.
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