Why should Mediators carry out MIAMs ?

Non court dispute resolution processes can be compared quite simply by those rooted in empowering self-determinative processes like Mediation (in its many forms) and Collaborative practices and those where the decision-making process is ‘outsourced’ to the professionals such as Arbitration, Neutral Evaluation and Private FDRs

Mediation is based on the key principle of self-determination requiring each person to (with professional support) be able to adequately engage and participate in what is effectively a very accountable collective problem solving process

It requires the skills of an experience mediator to properly assess (and screen for safety) and then go on to properly prepare and support each person for their important part in the process

Asking a non-mediator, someone not trained, experienced and skilled in working in the self-determinative conflict resolution space, would be like asking someone who has simply read a family law book or two to properly advise and represent someone in court. Skills and experience are essential.

Assessing someone for their capacity and competence for Mediation is extremely skilled and needs an expert who regularly works in this ‘professional space’.

I stress ‘regularly’ because, as a musician, it matters a great deal to my skill level if I am practising three times a week or once every few months.

Providing information about the different Non-court dispute resolution processes is the easy part and could even be provided by clear guides.

These are just a few thoughts as the subject of MIAMs and Non-Court Dispute Resolution processes start to receive much more attention