In November 2008, the Civil Mediation Council (CMC) made public a series of proposals aimed at both protecting and informing the public in its dealings with mediators. The proposals are expected to receive approval at the CMC's annual general meeting on 10 December and come into force from 1 January 2009.  

 

It is proposed that the CMC will scrap its accreditation pilot scheme in favour of a system of registration for organisations and individual mediators. Registration will be open to both mediators in the UK and abroad, and will require adherence to specified minimum standards of training, administration, experience and on-going professional development. Those registered may use the CMC logo as a mark of assurance to the public.

Commenting on the need for such a scheme, CMC chairman Sir Henry Brooke said, 'The CMC is very conscious that because civil mediators are serving the public for reward they've got have schemes in place...so that if a mediator doesn't perform they can be appropriately dealt with.'

Some have argued that the required registration standards are too low to offer the public much comfort. Among the requirements for mediators, for example, are 24 hours of mediator training and six hours of mediation-specific CPD a year. Sir Henry nevertheless believes that such minimums are appropriate and should be regarded as such 'unless and until research evidence suggests we should alter the minimum requirement.'

Accordingly the proposals represent a floor rather than a ceiling for standards. While the regulations appear aimed at excluding mediators who have handled fewer than three mediations in the twelve months prior to registration, the code of good practice also specifies that mediators must, 'Accept appointments only when they have sufficient time to prepare for, conduct and if necessary, follow up the mediation.' While this is a common sense proposition, its target could also be those few busy mediators around whom suspicion of over-trading hangs. 

Underpinning the registration system is a proposed complaints review body which will hear complaints about mediators whether they are registered or not. It will only do so when the mediator's personal complaints procedure and that of the organisation (where appropriate) have been exhausted. The review body's powers however are limited to recommending that the mediator or organisation reimburse part or all of the mediation fee. While registered members are obliged to co-operate and follow such recommendations, unregistered mediators are not. 

While rogue mediators might easily slip through the CMC's net, evidence of a problem with mediators is scant. Sir Henry is concerned not to appear complacent: 'People may be getting a raw deal without actually complaining,' he says, 'but the number of complaints which the national mediation helpline is conscious of doesn't seem to evidence any significant problem.'

  

For this reason the CMC is following in the tradition of The Law Society and the Bar Council - until recently - in making regulation a voluntary process. 'We didn't seek statutory powers,' Sir Henry says. 'One hopes that the concept of a registered CMC mediator will be something the public is looking for.'