Mediators sharing their experiences helps lead to better outcomes for all - Graham Boyack

Having just attended the excellent University of Strathclyde Mediation Clinic Conference I have been thinking about how people can become mediators and what sustains their practice once they have qualified. For me it’s an important topic as it underpins how the public can have confidence in using mediation and the mediator that they trust with their dispute.

To become a mediator there are a range of courses that you can take. The minimum that Scottish Mediation requires from a foundation course is 40 hours of teaching which must include 50 per cent of that time being role play. Students are examined at the end of the course, usually through an observed mediation and a written exercise to demonstrate what they have learned on the course. Once this has been completed, before anyone can join the Scottish Mediation Register, they need to complete a number of mediation hours (usually co-mediating with someone more experience) and undertake CPD to build on their initial training.

At Strathclyde, to support their mediation courses they have established, a mediation clinic which takes on Simple Procedure Cases from a range of Sheriff Courts from Dumfries all the way up to Falkirk. This provides students with practical learning which includes everything from initial conversations about the parties’ dispute and the whole process through to signing an agreement if the parties reach an agreement.

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One of the critical aspects of the Mediation Clinic model is the discussion that takes places after the mediation has concluded. There is an opportunity to reflect on what went well, what didn’t go so well and what learning is there for future mediations. That might include work on areas of practice. This model of learning is something I use when mediating at Edinburgh Sheriff Court as part of the service provided by Citizens Advice Edinburgh. In both situations there are then opportunities to learn about everyone’s experience when all the mediators are brought together to reflect on what’s been happening with learning from anonymised cases. Where possible mediators from both Edinburgh and Strathclyde are brought together for such meetings.

Graham Boyack, Director, Scottish MediationGraham Boyack, Director, Scottish Mediation
Graham Boyack, Director, Scottish Mediation

In one of the workshops at the conference participants were asked to give examples of their worries ahead of a mediation. Mine had been what would happen if an argument between parties got out of hand. When we discussed this as part of the group it was clear I wasn’t the only one who had felt this way. Part of the reflection however had been that sometimes the raised voices, as long as they were contained in a managed process, had been an incredibly positive development, allowing folk to really get things off their chest. In my example what had happened was that when I suggested going to separate rooms to explore things further both parties immediately said no and within twenty minutes the dispute had been resolved and an agreement signed.

Another fear voiced had been the worry that people would simply get stuck and that as a mediator you wouldn’t be able to help them find a resolution. Most of the mediators reflected that even when things seemed unlikely to end in agreement that simply by persisting with the process of listening, questioning, reality testing and exploring that parties were usually able to come up with something they could live with and move on.

I’m now looking forward to the next event and the opportunity to share my experiences with others who can be both critical friends and a source of learning for my practice as a mediator.

Graham Boyack, Director, Scottish Mediation

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