AMDRAS Mediator Accreditation key terms

A structured process in which an impartial third party helps disputing parties communicate, explore options, and reach their own voluntary agreement without deciding the outcome for them.

A mediation style in which the mediator manages process and communication but leaves the substance of decisions and settlement terms entirely to the parties themselves.

A mediation approach in which the mediator offers assessments, opinions, or predictions about the merits of a case, while still leaving final decisions with the parties.

The principle that parties retain authority over whether to mediate, what terms they accept, and when to end the process; the mediator never imposes an outcome.

The mediator's freedom from bias or favouritism toward any party or outcome, requiring both actual neutrality and the appearance of neutrality throughout the process.

The mediator's commitment to treat all parties even-handedly in process and communication, avoiding alignment with any party's position, narrative, or preferred result.

Any prior relationship, financial interest, or circumstance that could reasonably raise doubts about a mediator's impartiality, which must be disclosed and managed or declined.

The mediator's duty to inform parties of facts, relationships, or limitations that may affect impartiality, competence, or the process, so parties can make informed choices.

A party's agreement to participate or settle given full, understandable information about the process, its risks, alternatives, and the consequences of any agreement reached.

The obligation that communications made during mediation are not disclosed to outsiders or used later in litigation, subject to limited exceptions set by agreement or law.

A legal protection that prevents mediation communications from being admitted as evidence or subject to disclosure in later proceedings, often created by statute.

A status applied to settlement discussions meaning statements made cannot later be used against the speaker in court or arbitration proceedings.

A private meeting between the mediator and one party, or one side, during mediation, used to explore interests and options with information kept confidential from others.

A process in which parties remain in separate rooms and the mediator moves between them, carrying messages and proposals, often used where emotions or power imbalances are high.

A meeting in which all parties and the mediator are present together, allowing direct exchange of views, information, and proposals.

The written record of terms the parties accept at the end of mediation, which may be binding once signed or later made enforceable by a court or tribunal.

An arbitral award recorded on terms agreed by the parties, often after mediation, giving the settlement the enforceability of an award under arbitration rules.

A combined process in which mediation is attempted first and unresolved issues proceed to arbitration, sometimes before the same neutral with party consent.

A combined process beginning with arbitration that pauses so parties can attempt mediation of remaining issues, often with a different neutral to protect confidentiality.

A bargaining approach that focuses on parties' underlying needs and concerns rather than stated positions, seeking options that meet those interests jointly.

Negotiation in which each side asserts and defends fixed demands, often producing compromise that splits differences without addressing underlying interests.

The best alternative to a negotiated agreement: what a party would realistically do if mediation fails, which shapes its willingness to accept settlement terms.

A mediator technique of asking questions that help a party examine the practicality, risks, and likely consequences of its position or proposed settlement.

Restating a party's statement in more neutral, constructive language that removes blame while preserving the underlying concern, to keep dialogue productive.

A communication skill involving focused attention, paraphrasing, summarizing, and reflecting feelings so speakers feel heard and misunderstandings are clarified.

The mediator's ability to acknowledge and reflect a party's feelings and perspective accurately without endorsing that perspective or losing impartiality.

A disparity between parties in resources, information, confidence, or status that may impair fair participation and requires the mediator to adjust the process.

Structured education covering mediation theory, communication skills, process management, ethics, and supervised practice that prepares a candidate for accreditation assessment.

Mediation conducted by a trainee under the observation or guidance of an experienced accredited mediator, logged as part of training or accreditation requirements.

Mediation conducted by two mediators working together, often pairing an experienced practitioner with a trainee, allowing shared workload and structured feedback.

An accreditation exercise in which a candidate mediates a simulated dispute observed by assessors who score performance against defined competency criteria.

Published criteria describing the knowledge, skills, and ethical conduct a mediator must demonstrate to be accredited and to maintain accreditation.

Formal recognition by an authorised body that a mediator has met defined training, assessment, and conduct requirements and may practise as an accredited mediator.

An organisation authorised to set standards, assess candidates, grant accreditation, and monitor compliance with continuing requirements for mediators.

Ongoing learning activities that accredited mediators must complete within set periods to renew accreditation and keep skills and knowledge current.

The periodic process by which an accredited mediator demonstrates continued competence and compliance with requirements to retain accreditation status.

Entry of an accredited mediator's details on an official public or internal register, confirming current status and enabling parties to verify credentials.

The maintained list of accredited mediators, typically showing name, status, specialisations, and any conditions, used by the public and courts to select neutrals.

A formal process for receiving, investigating, and deciding allegations that a mediator breached standards, which may lead to conditions, suspension, or removal.

Behaviour by a mediator that breaches applicable ethical or practice standards, such as acting with bias, breaching confidentiality, or practising without required accreditation.