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What is Civil/Commercial mediation?

Mediation is a method of dispute resolution in which parties to an action attempt to reach an agreement with the assistance of a mediator.
Mediation is a flexible and informal form of dispute resolution which allows parties to a dispute to negotiate an early resolution of their legal action. Mediation offers parties a chance to gain greater understanding of their dispute and limit the cost (in both time and money) of extended legal action.


What is Interest-Based Mediation?

Interest-based mediation is a form of dispute resolution where parties to a lawsuit are encouraged to explore and define the issues and communicate their interests and motivations. Once there has been a thorough opportunity to understand all of the circumstances, parties to a lawsuit are assisted with the development of a range of creative solutions that meet the interests of the parties. Parties will then be invited to evaluate the most attractive options and ensure that solutions reached are workable and practical.
One of the goals of interest-based mediation is for the parties themselves to co-produce their own agreement that they  all support. Mediators do not take sides, make decisions or suggest solutions. The parties create and agree to this on their own solutions. No solution or agreements are imposed by the mediator.

Who attends mediation?

Parties  attend mediation, with or without their lawyers. Lawyers can play an important role in mediation by:
assisting to educate the parties,
developing negotiation strategies,
helping parties to speak persuasively, and
developing a range of creative solutions.
How long does mediation usually take?
Mediation usually takes about 4 to 8 hours, but this depends on;
the number of parties,
the number of issues to discuss, and
the complexity of the issues.
Participants should set aside a minimum of three hours for a mediation session.
How much does mediation cost?
Mediators set their own fees. Parties pay the mediator directly. This cost is not covered by the court. Most mediators charge between 200€ and 250€ per hour. Parties should agree before mediation on how this cost will be shared.
Who decides to mediate?
Parties (the people involved in the lawsuit) decide whether they wish to mediate. All parties must agree to participate in mediation.
When can I initiate mediation?
A party can initiate mediation through their lawyer or a mediator at any time. All parties must agree to proceed to mediation
What do I do if I am asked to mediate?
A party asked to mediate  must indicate if they want to mediate or not. A party may provide reasons why they do or do not want to mediate. 
What happens next?
If parties agree to mediate, a mediator is selected by the parties and a mediation session is scheduled. The parties or their lawyers contact the mediator directly to schedual a mediation.
If the parties disagree about whether or not to mediate, they may still wish to meet with a mediator  to learn more about mediation. 
What happens if the parties reach an agreement during mediation?
If the parties are able to resolve their dispute in mediation, the terms of the agreement are written down. The legal action is over when all the terms of the agreement have been fulfilled. The agreement may include terms that the Court could not impose.
Any agreement reached is entered into freely and voluntarily by the parties.
What happens if the parties cannot reach an agreement during mediation?
Mediation has been successful for many people but it does not work for everyone. It is possible that the parties may be able to resolve some, but not all, of the issues in dispute.
If the parties are unable to resolve the matter in mediation, the parties can continue with the traditional litigation process. If parties do go to court, the trial may be shorter and easier because of the mediation.
If an agreement is not reached, the parties walk away from mediation having gained a better understanding of each others points of view and of the issues that need to be resolved.
Is the mediation confidential?
Mediations are private - unlike trials, which happen in courtrooms open to the public.
Everything said in mediation is confidential, unless the law requires information to be revealed.
Parties may also agree that the information does not need to be kept confidential.
What is the role of the mediator?
The mediator is impartial and neutral. The mediator does not make any decisions or determinations and does not suggest solutions. The mediator  will assist the parties and their lawyers in reaching a solution.
The mediator controls the process, while the parties control the results.
The mediator will:
assist the parties in defining the issues in dispute;
help the discussion to stay on track;
enable the parties to identify and communicate their interest clearly; and
assist the parties in developing a range of creative solutions.
What is the role of the lawyer?
Lawyers may attend a mediation if all parties are in agreement.
Lawyers assist with the following:
educating their clients;
developing negotiation strategies;
encouraging their clients to speak persuasively to ensure that there is a thorough understanding of the circumstances of all parties;
developing a range of creative solutions to meet the parties interests;
assisting to evaluate the most attractive options; and
ensuring that solutions reached are workable and practical.
What are the roles of the parties?
The mediator controls the process, while the parties control the results. The mediator will assist the parties in defining the issues in dispute. The parties determine what issues need to be addressed. The parties do most of the talking during the mediation. After having the opportunity to thoroughly discuss each of the issues, parties will be able to develop an understanding of their common and separate interests. Any decisions will be made voluntarily by the parties themselves.
What are the benefits of Mediation?
Mediation offers parties the following benefits:
A reduction in the time and financial costs of the traditional litigation process by resolving some or all of the dispute;
A reduction in the stress that can result from ongoing conflict;
A greater understanding of the dispute;
Maintenance of business and personal relationships; and
The creation of a high quality positive outcome.


TrainingMEDIATION INTERNATIONAL offers a wide range of training courses (both in-house and online) tailored to meet the needs of our clients.

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Qué es la mediacíonMediation is a method of dispute resolution in which parties to an action attempt to reach an agreement with the assistance of a mediator.

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ADR & MEDIATIONMEDIATION INTERNATIONAL offers a wide range of conflict related services locally, in-house and internationally.

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Qué es la mediacíonMEDIATION INTERNATIONAL has brought together some of the most experienced and knowledgeable professionals in the field...

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International Mediation Institute

MEDIATION INTERNATIONAL is one of the few international mediation training organizations approved as a Qualifying Assessment Program (QAP) for IMI Certification. As such, graduates from our rigorous program have the opportunity to receive international certification and be listed on IMI´s roster of mediators.
Requirements to participate in the IMI approved course are listed on our website.


Our courses are run every 2 months starting on the second Monday
Please contact us at kevinbarrybrown@gmail with any questions or registration.




MEDIATION INTERNATIONAL is a leading mediation and ADR training service provider operating throughout Spain, across Europe and internationally. We provide mediation services, basic-advanced training, mentorship and coaching, qualifications and mediation competency assessments for experienced mediators.


MEDIATION INTERNATIONAL offers Competency Assessments to successful and select graduates of MEDIATION INTERNATIONAL and other mediation programs. These Competency assessments are offered to individuals based on assessed competency and are designed to assess the levels of competency and performance of practicing mediators.


Competency assessments are offered twice annually in select regions internationally and are organised collaboratively among MEDIATION INTERNATIONAL and local mediation associations. Further information may be obtained by contacting the organiser at kevinbarrybrown (at) gmail.com


The advanced training programmes of MEDIATION INTERNATIONAL are detailed under each of the IMI criteria. As the IMI criteria evolves further, MEDIATION INTERNATIONAL will evolve its own program to remain consistent with the IMI criteria and the MEDIATION INTERNATIONAL website will be updated to reflect these changes.


 QAP Approved 2012


1 Mediator Experience.

The Qualifying Assessment Program (QAP) must include a methodology for ensuring that Applicants have demonstrated to the satisfaction of the Program's Assessors a substantial level of experience as a mediator. The QAP must include clearly identified criteria on this requirement.

To pursue an advanced ADR training course with MEDIATION INTERNATIONAL and achieve IMI certification, a candidate must have completed a minimum of 5 mediations (either as a sole or a lead co- mediator). Of those mediations, at least 2 must have been remunerated either on an individual case basis or salaried.

Additionally, MEDIATION INTERNATIONAL requires candidates to have completed at least 20 hours of continuing professional development in mediation through attendance of courses, workshops or seminars on ADR, mediation or related subject matters.

For a MEDIATION INTERNATIONAL accredited mediator to be qualified for IMI Certification, MEDIATION INTERNATIONAL will require that each candidates experience exceeds 200 hours (the equilavent of 20 mediations) as recommended by IMI in the 2 years preceding the application. To track the requisite experience, an applicant must produce a time log that addresses the following for each mediation conducted:

  • the type of mediation (e.g., civil and commercial, employment, family, etc.);
  • the length of the mediation in total (expressed in hours); and,
  • the month(s) and year during which the mediations occurred.


2 Mediation Knowledge.

The QAP must include a methodology for determining that Applicants have demonstrated a strong understanding of general mediation theory and practice which may be based on written tests, essays, reports, theses interviews and/or other testing platforms.

All MEDIATION INTERNATIONAL Accredited Mediators have undertaken 60 hours of mediation training and 60 hours of theoretical study before accreditation. In addition, to be eligible to be qualified for IMI Certification, a candidate must complete a series of written and oral exercises that evaluates the candidate’s knowledge of mediation theory and practice as well as a self assessment. These exercises are completed prior to as well as post training.

For the initial written exercise, the candidate is assessed on mediation theory including;

  • Dispute settlement paradigms and techniques
  • Negotiation theory
  • Court processes
  • Conflict resolution concepts
  • Mediation processes and techniques
  • Standards of conduct
  • Ethical issues for mediators

For the post training exercise, the candidate is assessed on advanced mediation theory practice and negotiation including;

  • Advanced dispute settlement paradigms and techniques
  • Advanced negotiation skills
  • Advanced mediation processes and techniques
  • Advanced communication skills
  • Theories for identifying areas of agreement between the parties
  • Diversity issues

MEDIATION INTERNATIONAL requires its candidates to pass both written exercises prior to proceeding to the oral/practice component of the assessment process.

The oral assessment is categorized into 4 components:

1)    Overall knowledge of mediation, negotiation and conflict management

2)    Self assessment of the candidates strengths and challenges

3)   Understanding of theories for identification of areas of potential agreement between the  parties

4)    Visual assessment of the candidate conducting a mediation


3 Mediator Skills.

The QAP must include a methodology for the evaluation of candidates' performance in terms of the occurrence and effectiveness of mediation process and mediation techniques, against high competency benchmarks. The Evaluations/Assessments may be based on roleplay or live action assessments, and may include videotaped and online assessments such as web dramas, self-assessments, interviews, peer reviews, user feedback and other in-practice skill evaluations.

MEDIATION INTERNATIONAL candidates are required to complete and pass a five-day programme in advanced mediator training. This programme includes an assessment by two qualified assessors, one being external to MEDIATION INTERNATIONAL. The practitioner must clearly demonstrate a high level of competence and knowledge in mediation theory, process and skills.

The applicant will undertake a minimum of 6 role-plays during the advanced training programme, one of which will be evaluated by two qualified assessors, one being external to MEDIATION INTERNATIONAL. A written analysis will be provided to each candidate as well as to MEDIATION INTERNATIONAL critically assessing the candidate against the anticipated outcomes.

All MEDIATION INTERNATIONAL advanced candidates are encouraged to attend monthly held peer review and organized role-play opportunities to hone their own skills while assessing and peer coaching other candidates in a supervised environment.

Role Play Assessment Benchmarks

Two assessors evaluate a candidate’s performance in a role play across six areas of competency:

  • Overall skills and abilities: Keeping parties focused, assisting parties identify Interests. Use of pre-mediation and caucus. Consideration of the needs of others. Inclusion. Demonstrated understanding of the positions, issues and interests of the parties and ability to assist parties move through the stages of mediation.
  • Communication: Use of empathy, reframing, reflection, questioning skills, active listening, use of learned ADR skills.
  • Transparency: Identification of and disclosure of any real or potential conflicts of interests or bias. Consistently remaining impartial.
  • Pursuing collaboration: Pursuit of collaborative options and solutions, assisting in the generation of ideas. Identification of hidden interests.
  • Generating Agreements: Effectiveness in moving the parties toward finality and ‘closing’ an agreement at the appropriate interval.
  • Managing the Interaction: Effective strategy development, managing the process, coping with conflicts at the mediation table. Comfort level with difficult questions.

In situations where the evaluators significantly differ in their assessments, a third assessor will be assigned to consider the assessments.


4 Program Transparency.

The benchmarks and criteria applied by the QAP must be published and be openly accessible on the organization's website. Details of all approved programs will be listed on the IMI web portal www.IMImediation.org and will include a direct link to the credentialing organizations' websites.

Upon successful acceptance of this application, MEDIATION INTERNATIONAL will publish on our website the benchmarks and criteria to qualify for IMI Certification. They will be available for public scrutiny, query, and feedback at:http://www.mediationinternational.eu


5 Program Integrity.

Each Assessor must have substantial experience of assessing the performance of mediators. At least one of the Assessors on each Program must be independent of the QAP.

All Assessors of the MEDIATION INTERNATIONAL Qualifying Assessment Programme for IMI Certification are approved by the MEDIATION INTERNATIONAL Accreditation Committee. Approval is granted only when a potential assessor has clearly established to us that he/she has substantial experience both in mediation and the assessment of mediator skills.

At least one of the appointed assessors will be independent of MEDIATION INTERNATIONAL. Our assessors have varied backgrounds including academia, mediators, lawyers and social workers thus affording MEDIATION INTERNATIONAL the ability to provide well rounded assessments from both theoretical and practical perspectives.

The criteria to qualify as an assessor with MEDIATION INTERNATIONAL are, as follows;

  • Mediation experience: All assessors associated with MEDIATION INTERNATIONAL must have a minimum of five years experience in a mediation field or a minimum of 25 mediations equating to over 250 hours of practice as well as over 200 hours of training. 
  • Mentoring Experience: Our assessors are required to have extensive experience in the field of adult learning techniques, coaching, mentoring and assessment of mediator skills. 

An independent assessor is neither an employee nor a paid consultant of MEDIATION INTERNATIONAL in the training programme in which the assessment takes place.


6 Ongoing monitoring of Programs.

The QAP must include a process for the ongoing monitoring of the performance and practice of the Assessors. IMI will liaise closely with all recognised program organizers to maintain a sustainable quality control system.

The ongoing performance and quality of assessments is consistently monitored and reviewed by MEDIATION INTERNATIONAL’s principal’s and observers in order to ensure application of the high standards we adhere to.

Observers participate in oral exercises and our assessors meet regularly to ensure consistency of application of standards and expectations. MEDIATION INTERNATIONAL observers often attend these meetings.

Upon completion of each MEDIATION INTERNATIONAL training programme, a member of the accreditation committee meets with the lead assessor for a debriefing.

MEDIATION INTERNATIONAL is subject to and welcomes independent monitoring from IMI with regards to adherence to the IMI certification process.


7 Commitment to Diversity. 

The QAP must be accessible on an equal basis to experienced mediators regardless of their professional affiliations, gender, race, ethnicity, age, religion, sexual orientation or other personal characterization.

MEDIATION INTERNATIONAL offers our programmes to experienced mediators regardless of their professional affiliations, gender, race, ethnicity, age, religion, sexual orientation or other personal characterization.




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World Mediation Summit

MI is the Executive of the annual 'World Mediation Summit - Madrid' - www.worldmediationsummit.com