Assuring Quality in ADR Practice & Programs

References & Resources

A number of researchers and practitioners have written about the issue of quality performance and qualifications standards for mediators. This bibliography of resources is intended as a starting place for further reading on the subject. If you know of other publications that belong in this bibliography, please email the complete reference to PCI.

Academy of Family Mediators, Outline of Credentialing Basics and Application for "AFM-Approved Mediation Training Program.

Academy of Family Mediators, Standards of Practice for Family and Divorce Mediation.

Alaska Judicial Council, A Consumer Guide to Selecting a Mediator (1999). A guide to picking a mediator for a particular kind of case.

Center for Dispute Settlement & Institute for Judicial Administration, Republished by CAADRS (Center for Analysis of Alternative Dispute Resolution Systems). Includes model standards for court-connected mediation programs to guide and inform courts interested in initiating, expanding or improving mediation programs to which they refer cases (1993).

CPR-Georgetown Commission on Ethics, Principles for ADR Provider Organizations (2001). These principles advise ADR provider organizations on the delivery of fair, impartial, and quality ADR services. Includes a taxonomy suggesting the breadth and diversity of DR provider organizations.

Dobbins, W. L. The Debate Over Mediator Qualifications: Can They Satisfy the Growing Need to Measure Competence without Barring Entry into the Market?, Florida Journal of Law and Public Policy 7 (94-95). Overview of some approaches to quality and their potential consequences. For reprint information, contact the Journal.

FDIC, Report of the FDIC/RTC Qualifications Panel (1992). One federal agency's effort to develop selection criteria for mediators. For reprint information contact Charles Pou.

Honeyman, C., and Pou, C., Jr. Finding and Hiring Quality Neutrals: What Every Government Official Needs to Know (1996). Monograph based on workshops addressing issues like sources of neutrals for agency cases, conflict of interest, budgetary, and contracting issues.

Key Bridge Foundation, An Introduction to Mediator Credentialing (2000). Contains basic data on mediator credentialing, its background, and issues involved.

Laufer, Deb "Recommended ADR Links" Extensive list of links compiled by Laufer and the Federal ADR network. Contains, among other things, links to selected rosters of neutrals.

National Institute for Dispute Resolution (NIDR), Test Design Project, Performance-Based Assessment Methodology for Use in Selecting, Training and Evaluating Mediators (1995). Consensus-based report setting forth general KSAOs for mediators and offering a conceptual framework and methodology for using performance-based methods for assessing candidate mediators' likely success.

Ohio Commission on Dispute Resolution and Conflict Management, "Nationwide Survey of Mediator Qualification Statutes and Court Rules," (2001). Extensive summary and compilation of state laws and rules regarding qualifications, liability, ethics, and other standards relating to mediators. Compiled by Maria Mone, OCDR Director.

Ohio Commission on Dispute Resolution and Conflict Management, Consumer Guide for Selecting a Trainer.

Ohio Commission on Dispute Resolution and Conflict Management, Consumer Guide: What You Need to Know When Selecting a Mediator.

Ohio State University College of Law, and the Supreme Court of Ohio Office of Dispute Resolution, Planning Mediation Programs: (2000). Chapter Six, “Staffing the Mediation Program” (pp. 6-9 through 6-17) includes quality assurance.

Pou, Charles Jr. (2002). Mediator Quality Assurance: Consultant’s Report to the Maryland Mediator Quality Oversight Committee.

Pou, Charles Jr. (2002). Summary of Consultant’s Report on Mediator Quality Assurance to MACRO and the Maryland Mediator Quality Assurance Oversight Committee.

Pou, Charles Jr. (2002). Credentialing Chart (14 x 8.5--landscape). Details various states’ approaches to credentialing, including which state entity offers the credential, training and experience required, continuing education requirements, a number of other considerations in states’ credentialing process.

Pou, Charles Jr. (1997). Issues in Establishing an EPA-Sponsored Roster for Neutrals' Services in Environmental Cases. This Interim report to the U.S. Environmental Protection Agency explores issues in creating and running an effective roster of neutrals (including qualifications for listing neutrals, assessing their performance, panel assignments, and complaint handling). For reprint information contact Charles.

Rogers, N., and Craig McEwen, Mediation: Law, Policy, Practice. In "Regulating for Quality, Fairness, Effectiveness, and Access" (Chapter 11). Clark Boardman (publisher). Discusses some possible approaches to seeking quality, effective, fair mediation.

Shaw, Margaret L., Selection, Training, and Qualification of Neutrals (State Justice Institute, Sept. 1993). A very useful report summarizing lessons learned from research on critical skills for effective neutrals and how they are best acquired. To order complete report, contact Mary DeCarlo, and reference grant number ‘SJI-95-03C-E-028’.

SPIDR Commission on Qualifications, Qualifying Neutrals: The Basic Principles (1989). A report addressing skills necessary for competent performance as a neutral, and basic principles that should influence policy for setting qualifications for mediators, arbitrators and other DR professionals.

SPIDR Environmental/Public Disputes Sector Committee, Environmental/Public Policy Sector--Competencies for Mediators of Complex Public Disputes (1992). An overview developed by the Environmental/Public Disputes Sector that addresses what qualifies people to serve as a mediator in environmental and complex public disputes.

SPIDR Second Commission on Qualifications, Ensuring Competence and Quality in Dispute Resolution Practice (1995). Report that sets forth several questions for consideration by policy makers, practitioners, program administrators, and consumers interested in competent practice.

Other: Readings in Mediation Standards Bibliography

Canadian Bar Association. Report of the Working Group on Recommendation 36 of the Systems of Civil Justice Implementation Committee: Model Principles to Assist Courts in Developing Criteria for the Training, Monitoring and Supervising of Individuals Who Proved Court-Connected Mediation Services in Civil and Family Cases. Toronto: Canadian Bar Association, February 1999.

Davis, Albie. "Ensuring High Quality Mediation: The Issue of Credentialing." Conciliation Quarterly 11 (Summer 1992): 1-13.

Edwards, Connie, and Catherine Morris, "Competence and the Role of Standards for Neutrals." In Alternative Dispute Resolution Practice Manual, edited by Allan J. Stitt, 8591-8699. North York, ON: CCH Canadian Limited, 1995.

English, Peggy. "Report and Recommendations of Certification and Standards." Resolve 7 (February 1994): 1, 14-20.

Hart, E. Christine. Qualifications of Court Roster Mediators in Civil, Non-Family Cases. Report prepared for Ontario Civil Justice Review Task, October, 1995.

Hartfield, Edward F. "Qualifications and Training Standards for Mediators of Environmental and Public Policy Disputes." Seton Hall Legislative Journal 12 (1988): 109-24.

McHale, Jerry. The Mediator Roster Consultation Paper. Victoria, B.C.: Dispute Resolution Office, Ministry of Attorney General, November 1997.

Mediation Development Association of British Columbia. Brief on Standards and Ethics for Mediators Presented to the Attorney General of British Columbia. Prepared by Catherine Morris Scambler. Victoria, B.C.: Ministry of Attorney General, 1989.

Moberly, Robert. "Ethical Standards for Court-Appointed Mediators and Florida's Mandatory Mediation Experiment." Florida State University Law Review 21(3) (Winter 1994):702-727.

*Morris, Catherine, and Andrew Pirie, eds. Qualifications for Dispute Resolution: Perspectives on the Debate. Victoria, B.C.: UVic Institute for Dispute Resolution, 1994.

*Shaw, Margaret L. "Mediator Qualifications: Report of a Symposium on Critical Issues in Alternative Dispute Resolution." Seton Hall Legislative Journal 12 (1988): 125-36.

Shonholtz, Ray. "Professional Qualification: Consumers Should Qualify Dispute Resolvers." Bureau of National Affairs ADR Report 2 (2) 1988): 349.

Conley, Alex, and Moote, Ann. “Collaborative Conservation in Theory and Practice: A Literature Review. Udall Center for Studies in Public Policy, University of Arizona (Feb. 2001).

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