The Spring 2013 issue of Dispute Resolution — the excellent publication of the ABA Dispute Resolution Section — is devoted to mediator criteria, qualifications, accreditation, regulation, and so on. The International Mediation Institute was founded with a mission to create standards for mediator professionalism. And in Prague a few weeks ago, the World Mediation Forum reported on astonishingly harsh regulations for those who offer themselves as mediators.
A panel was offered featuring Andreja Kokali of Ljubljana, Slovenia; Zoe Giannopoulou of Thessaloniki, Greece; and Martina Doležalová of Prague, and moderated by French mediator Fabienne Van Der Vleugel. In the course of the discussion, it was explained that, in many markets in which commercial mediation has not yet fully developed, there exist unfortunate policies – either by law or regulation – restricting its market growth, by emphasizing both required training, and in some cases citizenship, in order for a mediation practitioner to appear on “approved” panels. For example, in Turkey only Turks can be registered to mediate. In the Czech Republic, a “visiting mediator” – that is, someone from another country who has not satisfied the Czech requirements to be a certified mediator – must apply to the Ministry of Justice to get accreditation. One is free to work anywhere in the EU – just not as a “registered” or “certified” professional mediator.
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