Malta Dispute Management (MDM) directors believe that the time is ripe to set standards in mediation training and practice in Malta. These should not be based on off-the-shelf solutions that one can pick and choose from Web pages but through a well-informed evaluation of established standards and practice in Europe and in other parts of the world as well as professional experience in a related field.

MDM is proud to announce that its Family Mediation training programme, which started last October, is now accredited by the European Forum for Training and Research in Family Mediation. This is the only course in Malta accredited by the European Forum and MDM looks forward to establishing its own accreditation system based on local and international resources.

What is mediation?

Mediation is a "without prejudice" process and therefore allows the parties to any dispute to put forward suggestions as to how the disagreement on issues might be settled in ways they would not be able to do in open and public fora such as the courts of law or in arbitration. This implies a few basic principles.

The first is that mediation is a private and confidential process; secondly that because of confidentiality it is often possible to provide innovative settlements which the parties obtain through mutual benefit; thirdly the process is in the hands of the parties at all times with a mediator acting as a facilitator.

As a process, it is therefore very adaptable and capable of fitting most conflict situations particularly in commercial and family affairs. Interestingly, mediation is commonly used in many countries such as the US and Britain, as it has been discovered that it settles cases quickly and individuals and companies are finding it more convenient to use the process of mediation to settle as many disputes as possible in the least possible time.

Business, public sector and the professions are all using it, and judges and governments promote the use of alternative dispute resolution methods even more. This is because it has proved to be a highly effective tool for resolving disputes.

Who can become a mediator?

An interesting question! In principle anyone can, but in practice you need integrity, training, professional experience, and a strong educational background. At MDM we are very selective of our intending accredited mediators. We strongly believe that not everyone is cut out to be a mediator - it requires certain personal and professional skills.

We educate our mediators to the highest standards and ensure, through constant contact, that these standards are kept throughout their career as accredited and/or registered mediators. In other words, when a person becomes an MDM mediator he or she must follow a set of standards and his or her qualification or accreditation is withdrawn if there is evidence of any breach of the MDM Code of Practice.

To our knowledge MDM is the only local agency with such a Code of Practice which has been modelled on that of the Centre for Effective Dispute Resolution (CEDR) London, undoubtedly one of the leading umbrella bodies in mediation in the UK and Europe.

How does mediation work?

Mediation is a relatively simple process where parties in dispute use a third person, the mediator, to assist them to find a solution to their problem. Once accredited, one can practise as a mediator. Trained mediators who have the knowledge and understanding of the MDM Code of Practice will, upon invitation by the parties themselves, bring the parties to the dispute together in a non-threatening environment to discuss the issues, examine the options and negotiate an agreement.

The mediators will not be there to adjudicate, advise or determine the outcome of the dispute as this seems to imply that there is litigation involved when mediation tries to prevent the court process.

They are there to facilitate a way forward and this could be done either in joint sessions, as is usually done in family mediation, or in private meetings, as is the case with commercial, community or workplace mediation.

MDM's position is that we provide quality mediation from professional mediators who have had the experience in the area where there is a dispute. Agreement is reached through discussion and negotiation and this makes it more likely to be accepted by both parties. If no agreement or only partial agreement is reached, then the parties still have the right to take their dispute to arbitration or litigation.

What training is required to become a mediator?

This varies from country to country, from one organisation to another and from one area of mediation to another. For example, in family mediation MDM follows the European Forum for Training and Research in Family Mediation.

In commercial mediation our standards are those of UK's leading training body CEDR. We are in the pro-cess of setting our own MDM standards in association with leading bodies in Europe. Normally, and bearing in mind one's own professional background, one requires a foundation course of not less than 48 contact hours with a good proportion of these in simulated mediation sessions.

This would be followed by a more specialised training in an area of mediation such as commercial, family, workplace, community, sports etc... and supervised practice. The time is ripe for Government to regulate the market to avoid situations in which people are tempted to follow expensive accelerated accreditation and find out that standards offered are not adequate enough or below European standards.

MDM is aware that Government has already taken this very seriously and has designated the Malta Arbitration Centre to act as the institution that would provide the necessary infrastructure and act as an umbrella organisation for mediation.

MAC has requested mediation agencies in Malta to provide guidelines and to our knowledge MDM has been to date the only body to propose procedures, standards, rules of ethics, tariffs etc... We hope that a final decision will be taken at the earliest possible.

What professional standards are necessary in mediation?

First and foremost training and accreditation in at least eight competences in four categories: interpersonal skills, process management, negotiation and problem-solving and written assignments.

Accreditation is normally followed by registration and continuing professional development.

Mediators would be impartial and free from any conflict of interest; conduct all sessions in strict confidence; committed and available according to a set timetable between the mediator and the parties to the conflict; governed by a mediation agreement setting fees and additional charges if any; covered by an insurance and with the option of withdrawing if there is a breach of the MDM Code of Ethics and Code of Procedures.

Is there a code of practice and rules of procedure in Malta?

The Malta Arbitration Centre has been entrusted, by Government, with issuing such codes of practice, rules of procedures, codes of ethics, tariffs, qualifications required to appoint a mediator, list of professional mediators and other ancillary frameworks to standardise mediation in Malta.

Discussions have been held between MAC and MDM and we therefore expect such procedures to be published at the earliest possible. It is through these official guidelines that one could then design a way forward in terms of training, accreditation and practice. Otherwise who will set standards in Malta?

Short-term expensive courses may or may not attract interested qualified persons. The problem lies however in ensuring that such training courses are up to standard and that they produce the right mediator and not the so-called 'accredited' mediator.

For accreditation is also subjective unless quality assurance of mediation and mediators is shaped, regulated and professionally provided in Malta. At MDM we are proud to have five fully accredited mediators from recognised UK organisations. We are now geared to offer training which will be recognised internationally and which will be more cost-effective to the local market.

However we are awaiting MAC's set standards to provide what is recognised as standard mediation training and mediation services.

Has a Code of Ethics in mediation been drafted?

MDM has its own Code of Ethics for Mediators and Conciliators. Conciliation is often used to denote facilitative (non-evaluative) mediation and MDM has adopted mediation as the generic term applicable to both types.

Our Code of Ethics applies to all mediations conducted or offered by mediators accredited, associated and/or registered with MDM. The Code is divided into eight sections highlighting the principles of mediation, qualifications and training, conduct, solicitation and advertising, fees and costs.

It is our intention that once MAC publishes its own Code of Ethics following consultations with MDM we will follow that version. We believe that the code will allow our trained family mediators to practise mediation professionally bearing in mind that they must also integrate in their practice this code with a Code of Practice of Family Mediation.

Will there be a list of accredited mediators?

To our knowledge the Malta Arbitration Centre will provide the list when procedures, codes, tariffs and guidelines are published. Again the issue here is who will be on this list? It is expected that once training standards are set every individual 'accredited' mediator will be evaluated according to his or her qualifications and qualifying body.

It is too premature to define the training standards of the 'accredited' Maltese mediator. MDM is discussing such standards with internationally recognised bodies and eventually will make its recommendations to Government. To date MDM is associated with and recognises the Centre for Effective Dispute Resolution, London, the Singapore Mediation Centre and the European Forum for Training and Research in Family Mediation.

What will it cost to resort to mediation?

The costs of mediation are in principle equally shared between the parties. In practice it is possible that the costs will themselves become a part of the settlement of the dispute with one or other party agreeing to underwrite the whole or a major part. Most mediation fees are charged similarly to any other professional fees, that is an amount per hour, per day or ad valorem.

However the very short periods required for mediation (often only one day for commercial mediation) mean that the costs are never likely to be high. The advantage of daily as opposed to hourly rate is that it frees participants from the pressure of watching costs rise each hour of the mediation.

Many however believe that also this has an advantage to the process, as it makes the parties more focused on their priorities and negotiating stances, preventing the whole process from 'dragging on'. Whatever the amount and basis for charging, fees will usually be agreed and often settled in advance of the mediation. This can vary and tariffs or fees still need to be established in Malta. In monetary terms MDM's guidelines are that mediation would cost less than arbitration and much less than litigation!

Otherwise it is not worthwhile. In practical terms, mediation cuts down on time spent in resolving a dispute and in negotiating a settlement. And time equals money!

Is MDM offering mediation services?

MDM so far offers family, commercial, community, inheritance, construction, sports and workplace mediation services. MDM is launching an interdisciplinary family mediation service at very reasonable fees; 19 family mediators, who also received specialised training in dealing with children during mediation, will shortly finish an accredited course in family mediation by the European Forum and will be offering their practice to couples wishing to mediate their dispute and negotiate a settlement.

We are also offering small group information meetings on our family mediation services and sessions can also be arranged by appointment. Such services are also offered to individuals by appointment. At MDM we are keen on promoting the advantages of mediation, particularly in family mediation. Family mediation, protects the privacy of the family, children's welfare and guarantees a negotiated settlement that allows the couple to communicate without threats and in an amicable way.

Similarly mediation in general facilitates communication, separates the people form the problem, helps overcome deadlocks, increases the options for resolution and restores and safeguards relationships, among other benefits.

What is MDM's training programme at the moment?

We will soon finish an accredited course in family mediation. Last January a foundation course in conflict management and mediation skills was also completed in collaboration with the Malta Institute of Management.

Plans are in hand to offer other training courses leading to accreditation but we would like to ensure that these are in line with MAC's and Government's standards, codes and procedures in mediation training and practice.

Will mediation ever be integrated in the Maltese legal system?

We think that it will be particularly on issues related to family and commercial matters. We are living through challenging and changing times. The Arbitration Act has opened a new opportunity to implement mediation as a negotiated dispute resolution technique. It is quite encouraging to see a number of initiatives taking place to promote mediation.

Government is also taking the lead through the Malta Arbitration Centre to regulate mediation and set standards and procedures for training and practice. The introduction of the Family Court is also another step in the right direction and therefore we are confident that mediation, as a negotiated dispute resolution technique, will eventually be accepted and practiced nationwide.

Parallel to these efforts one must also embark on an ongoing educational programme to bring a culture change and instill in people confidence in Maltese mediators. This is why MDM accredits mediators who are up to the highest European standards and qualifications and who have had professional experience that established them as persons of integrity.

Our mission is to provide mediation training and services that reflect integrity, professional experience and cost effectiveness. In attaining such goals MDM strives to achieve quality assurance of the highest possible standards.

Dr Sammut, Dr Fenech and Dr Calleja are CEDR (Lond.) accredited mediators

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