Mediation Training
Frequently Asked Questions
Do I need to be a lawyer to come on the course?
No. We have students from many other professions and occupations
on our course: accountants, architects, surveyors, bankers,
housewives, psychotherapists, management consultants, students
etc.
It is true that approximately 60% who come on the course tend to
be lawyers (barristers and solicitors), and the course is based
upon mediation in a litigation environment, with many of the mock
mediations taken from classic legal cases. Nevertheless, the course
is aimed at a much wider audience, in fact, all those who need to
deal with conflict on a regular basis.
Who grants the accreditation, and how widely is it
recognised?
The
SPCP
grants its own accreditation, just as individual Universities grant
their own degrees. Our course has been fully vetted by the Law Society Training Standards,
and the accreditation has been approved for the purposes of the Law
Society’s Civil/Commercial Mediation Panel, to which you (if you
are a solicitor) may be eligible to apply upon gaining
Accreditation.
The Bar Council has also approved the course and recognises the
Accreditation. Similarly, the Legal Services Commission recognises
our accreditation, and the LSC Funding Code Manual now includes the
School’s name on the list of approved Mediator Providers, entitling
them to ‘Legal Aid’ funding (see the LSC Manual extract in the
brochure). As a result of this, the Judicial Studies Board has
included the School’s name in the list of Mediator Providers
circulated to all Judges and Courts in the UK.
Is there work available for a mediator and how will I be able
to find it?
There are a huge number of disputes out there crying out for
mediation. The courts have a backlog of a large variety of
commercial and other disputes; the NHS has a huge backlog of
Clinical Negligence cases awaiting resolution; Schools and Parents
are increasingly in conflict; employers and employees would benefit
from mediation of their disagreements, without the need to apply to
an Employment Tribunal. Housing, police, education, transport, the
armed services, are all areas where disputes abound, and where
there is an increasing need for accredited mediators.
The
SPCP
is an academic institution and not a mediator provider.
Nevertheless, the School tries to assist its graduates in finding
mediation work, although it is not easy. Graduates from the
course are put in touch with and are eligible to join a number of
Mediation provider organisations. These organisations may charge an
annual fee in order to place you on their panels of mediators.
Then, when they receive an inquiry for a mediator, they search
their panel database, and match the most appropriate mediator to
the dispute. The School has made arrangements with The ADR Group, a
provider of mediations throughout the UK, InterMediation, a major
London company specialising in marketing mediators and C.A.L.M.
(Confidential & Local Mediation) a voluntary organisation
specialising in London Local Authority mediations. Hopefully these
and other mediation panels will provide the School’s accredited
mediators with a realistic prospect of securing mediation work.
SPCP has a database of all graduates from our courses,
which members of the public can access directly through the this
website. This will provide a unique opportunity for our alumni to
place material information about themselves on the web, and for
potential mediation clients to investigate , select and contact
them directly for the purposes of, hopefully, appointing them as a
mediator in their dispute.
Otherwise, it is up to you to market yourself. How much work you
secure will depend upon how actively or aggressively you market
yourself. If you have a special expertise in a particular area, or
a niche market to whom you can promote yourself as a mediator, and
you send a brochure to those within that market, or mail shot all
insurers, lawyers, accountants, Citizens Advice Bureaux, schools,
hospitals, police stations etc.
How much can a mediator earn?
The tariff fee for a mediator,
as set out in current Ministry of Justice guidelines, is £1,700
plus VAT for a full day’s mediation, including preparation, in a
civil case involving a dispute with a value between £15,000 and
£50,000. Cases involving lesser sums or mediated over less than one
full day will attract a lower fee. Payment of this fee is usually
shared by the parties. Most mediations take only one day, but the
fee will be higher or lower as governed by a number of factors,
such as the complexity of the dispute, the amount of reading and
preparation that the mediator will be expected to do prior to the
mediation, and whether the mediator is required to undertake any
administrative duties, such as photocopying or sending papers from
one party to the other.
Will I be equipped to do Family Mediation?
The course will adequately train you to deal with mediation in a
family dispute context. The counselling element of the mediation
training is closely connected with ‘couple therapy’ in which the
psychotherapists are well experienced. However, in order to act as
a Family Mediator in a publicly-funded litigation context, the
mediator will require accreditation from a body approved by the UK
College of Family Mediators. At the time of going to print, the
School does not yet have that approval, although we are currently
working on this. Please enquire further with the School.
Are SPCP Mediators entitled to Legal Aid Funding?
If parties in litigation do not have sufficient means to pay for
their legal representation, they may be eligible for Legal Aid. If
in the course of that litigation they chose to mediate, they can
obtain funding for the costs of a mediator, but provided only that
the mediator is accredited by one of the 5 organisations listed in
the Legal Services Commission manual – SPCP is one of the five
organisations listed.
What other courses are available on the market and how do they
compare with the School’s course?
There are probably around half-a-dozen mediation course
providers in the UK. The market leader is clearly CEDR (Centre For Effective Mediation) a very
professional and efficient organisation which led the market from
the late eighties. Their courses are 5-day courses, generally much
more expensive then the SPCP, and are very much more
commercially-oriented. The ADR Group are another well-recognised
mediation training organisation., who with others such as the
British Academy of Experts, ADR Chambers, Mediation UK all provide
mediation training courses of varying lengths and costs.
The
SPCP
course has, in our view, the edge on all the other courses, as it
uniquely includes training in the ‘psychological’ underpinning of
conflict, which is so important when dealing with parties locked in
combat. We demonstrate throughout the course how and why parties
get themselves into dispute situations, and we analyse the
strategies they adopt when trying to extricate themselves from
those positions. Consequently, the Accreditation given by the
School is swiftly becoming acknowledged as providing a unique
quality of “psychotherapeutically trained” mediators.
As stated before, the unanimous feedback from course
participants is that the psychotherapeutic model of our training
provides our graduates with an additional insight into the
psychology of conflict, giving them an edge over mediators trained
elsewhere. The skills acquired on our course are also proving
invaluable in all areas of practice, in dealing with clients,
employees, or witnesses, as well as in conflict avoidance.
Page last updated 12/14/2011