Scissors Cut Paper: A “Guildhall” Helps Maryland's Mediators Sharpen Their Skills

Abstract

Growing use of mediation and other alternative means of dispute resolution has led many courts and ADR programs to develop “mediator credentialing” and other approaches that seek to ensure quality mediation. A variety of practical and political difficulties have led these entities to take very diverse, and sometimes debatable, paths to quality assurance (QA). Recently, Maryland's judiciary sponsored a three-year project that led to an innovative QA system for Maryland mediators. The new Maryland Program for Mediator Excellence deemphasizes “pass-fail” barriers, as well as paper-based certification based on legal expertise and other substitute credentials; instead, this system seeks to promote and reward mediators who wish to develop their practice skills. This article offers an overview of Maryland's new QA system; compares it to approaches that have been taken elsewhere; and commends it to courts and other mediation users as a vehicle for improving mediation practice and for serving as a trustworthy indicator of skilled performance.