Competence of mediator
II. COMPETENCE
2.1 “Ethical Standards for Mediators” and “General Ethical Code”
Competence of mediator is one of the important concepts in the Ethical Standards for Mediators (1996) (“the Ethical Standards”) by the Law Council of Australia and the General Ethical Code (2010) (“the Ethical Code”) by the Hong Kong Mediation Council. It is noted that the definition of competence is provided in more details in the former. According to the Ethical Standards, a mediator must not mediate unless he/she has the necessary competence to do so; and a mediator holds out to the parties that he/she has the competence to mediate effectively. The word “competence” is further described as appropriate knowledge and skills which would normally be acquired through training, education and experience in the Comments Section. However, the Ethical Standards are silent on the precise meaning of “appropriate” and “effectively” and hence, the exact type of skills and knowledge as well as education background and working experience required for mediator is not clearly defined. On the other hand, there is no provision stating the competence requirement of a mediator in the Ethical Code. In section (4), it is provided that mediator is regarded as knowledgeable in the process of mediation. A mediator also has an obligation to use his/her knowledge to help educate the public about mediation, and improve his/her professional skills and abilities. It is implied in the Code that a competent mediator should be knowledgeable and possess professional skills and abilities. Again, no elaboration on knowledgeable and professional skill is provided in the Code and what kind of knowledge and professional skills are expected for a mediator remain ambiguous.
2.2 Strong need of unifying the standard
Based on the discussions above and the fact that most jurisdictions do not have clearly defied standards of competence and modest training requirement for mediators, there is an obvious need
2.1 “Ethical Standards for Mediators” and “General Ethical Code”
Competence of mediator is one of the important concepts in the Ethical Standards for Mediators (1996) (“the Ethical Standards”) by the Law Council of Australia and the General Ethical Code (2010) (“the Ethical Code”) by the Hong Kong Mediation Council. It is noted that the definition of competence is provided in more details in the former. According to the Ethical Standards, a mediator must not mediate unless he/she has the necessary competence to do so; and a mediator holds out to the parties that he/she has the competence to mediate effectively. The word “competence” is further described as appropriate knowledge and skills which would normally be acquired through training, education and experience in the Comments Section. However, the Ethical Standards are silent on the precise meaning of “appropriate” and “effectively” and hence, the exact type of skills and knowledge as well as education background and working experience required for mediator is not clearly defined. On the other hand, there is no provision stating the competence requirement of a mediator in the Ethical Code. In section (4), it is provided that mediator is regarded as knowledgeable in the process of mediation. A mediator also has an obligation to use his/her knowledge to help educate the public about mediation, and improve his/her professional skills and abilities. It is implied in the Code that a competent mediator should be knowledgeable and possess professional skills and abilities. Again, no elaboration on knowledgeable and professional skill is provided in the Code and what kind of knowledge and professional skills are expected for a mediator remain ambiguous.
2.2 Strong need of unifying the standard
Based on the discussions above and the fact that most jurisdictions do not have clearly defied standards of competence and modest training requirement for mediators, there is an obvious need