The Art of Consensus, Mediation from A to Z: Who Can Become a Mediator?
In Poland, the profession of mediator has not been regulated. Nevertheless, the law provides minimum requirements for people wanting to become a mediator. According to Article 1832 § 1 of the Code of Civil Procedure Act of November 17, 1964 (hereinafter referred to as the “CPC”), a mediator may be a person with the full capacity for legal acts and being able to exercise public rights fully. Simply stated, a person at least 18 (excluding a judge in active status) may become a mediator.
Slightly different requirements are set for the so-called “permanent mediator.” A person wishing to become a permanent mediator (a mediator entered on the list of permanent mediators kept by the President of the District Court) must meet the requirements specified in Article 1832 § 1 and 2 of the Code of Civil Procedure, be at least 26 years old, know the Polish language, not have been convicted of an intentional crime (or an intentional fiscal crime), and have knowledge and skills in the field of mediation.
What aspects should be considered when choosing a mediator?
As previously indicated, anyone can, in principle, be a mediator. So, how do you choose the right one?
The choice of a mediator is the first decision in the mediation process, which significantly impacts its course. This applies to both contractual and judicial mediation. If the parties fail to choose a mediator jointly, the court will appoint one in the case of judicial mediation.
As in any profession, qualifications and experience are essential for mediators. Therefore, when choosing a mediator, it is worth asking them to present their experience and qualifications or to familiarize yourself with the lists of private mediation centers, from which you can often learn more about a given mediator.
An important aspect to consider when choosing a mediator is their psychological knowledge, especially in the context of effective communication and conflict theory. The mediator’s main task during mediation is to effectively conduct the communication process between the parties. Suppose a person does not have knowledge (even essential) in this field and relies only on intuition and life experience. In that case, they are unlikely to be the right candidates for mediation.
Tasks of a mediator in mediation
The mediator is a guardian of the law in mediation (watching over the correct and legal course of mediation) and a communication intermediary between the parties. He is also responsible for all technical issues related to conducting the mediation, such as contacting the parties or preparing the room in which the mediation will take place.
The mediator, as the guardian of the law, should ensure that during the mediation session itself and outside it, the parties: (i) are treated equally, e.g., by having the same amount of time to speak, (ii) comply with the rules that have been agreed upon, e.g., not interrupting the speech, treating each other with respect, (iii) feel comfortable, in particular, that neither of them feels pressured to, for example, reach an agreement.
The mediator’s main task is to support the parties in settlement talks. To this end, the mediator may use various methods, including paraphrasing or summarizing. A key aspect of mediation is asking questions. These questions allow the mediator to understand the parties’ fundamental interests.
The mediator can also prepare a settlement. However, it should be remembered that in a situation where the mediator is a person without legal education, e.g., a teacher or psychologist, it is worth considering asking a lawyer for help preparing the settlement or consulting with him on the draft settlement.