Mediation Advocacy Task Force

Background

The ADRIA Task Force was established in April 2014 to examine how mediators are compensated and to produce a white paper to document its findings and make recommendations.

The task force explored and researched mediator compensation, how it relates to pro bono activities, and its impact on the mediation profession and practices by:

• examining the value of mediation services by reviewing government, regulatory, and community programs, mediation rosters, and private organizations. 
• reviewing relevant studies 
• surveying members of ADRIA and the ADR Institute of Canada, and other professional organizations

Key Findings

1. The bulk of evidence and research shows mediation as a cost-effective and robust way of resolving disputes and conflicts in a variety of professional and personal settings, and yet there are inconsistencies and challenges in how mediation is perceived and compensated.
2. Compensation for mediation services ranges from no payment (volunteer) to several hundred dollars per hour or more.
   
3. Relatively few mediators are able to earn a living from the practice of mediation alone.
   
4. Mediators earning higher incomes from their mediation practices are primarily those who complement their primary occupation (commonly law), with mediation.
   
5. Survey respondents expressed concern that volunteer or honorarium mediation may devalue the financial viability of the mediation profession, and may lead to the expectation the service should be free.
   
6. Compensation for mediators who conduct Civil Claims mediations for provincial justice departments is inconsistent across the four provinces surveyed.
   
7. In Alberta, 78% of survey respondents either provide or would like to provide some pro bono mediation service, sometimes to gain experience or to contribute to society
   
8. There appears to be little regulation or consistency around training and credentialing within the mediation profession. There is no regulation around who can become or who can call themselves a mediator. To address this, associations like the ADR Institute of Canada (ADRIC) and the Alberta Family Mediation Society (AFMS) have introduced credentialing programs that implement standards for practice. There is membership interest in exploring regulation of the profession to establish standards of practice and protection for clients.
   
9. Alberta ADRIC members hold proportionally more designations than their peers in other jurisdictions.
   
10. There appears to be little recognition or understanding of the value of designations by hiring organizations or the public.
    
11. Mediators want more opportunities to work in their field and want to be compensated in a way that reflects their training, skills, and experience.
    
12. The percentage of mediators who are seeking and would accept more paid work is higher in Alberta than for mediators who participated in the Task Force's national survey.
    
13. Mediation seems to be a secondary or second career that attracts older practitioners.
    
14. The findings of the ADRIA Task Force surveys mirror findings in the United Sates and elsewhere when it comes to the financial viability of the profession, the lack of paid work for mediators, the lack of awareness by the public in the value of ADR (Appropriate or Alterative Dispute Resolution), and that the highest levels of compensation are received by only a few. Some of the literature suggested there may be an oversupply of mediators.
    
15. In an effort to exchange information, share best practices, and support ADR as a viable option to resolve disputes, the court mediation programs in B.C., Alberta, Saskatchewan, and Manitoba have formed a task group which has requested feedback from stakeholders on how to promote mediation and ADR.
    
16. A significant number of Alberta survey respondents feel ADRIA should advocate on their behalf in public relations, education, compensation for mediators, roster development, pursuing regulation of the profession, providing mentoring to new mediators and pursuing alliances with other mediation associations. This mirrors findings in the United States.
    

Summary of Recommendations

The Task Force recommends that the ADRIA Board of Directors adopt a multi-faceted, long-term, and progressive approach to advocate for the mediation profession in Alberta through the following objectives:

1. Increase Awareness - ensure Albertans are more aware of mediation (and other ADR options) and how such options can provide for less costly and more satisfying outcomes to disputes that arise in their personal and professional lives.
2. Increase Access and Use of Mediation (ADR First) - increase the use of mediation as a dispute resolution option available to Albertans by putting forth initiatives with the courts, government agencies, regulatory bodies, municipal bodies, professional associations, organized labour, industry groups, non-profits, and the business community to create new mainstream opportunities for mediation and ADR.
3. Advance the Business Case for ADR - Promote the economic argument for mediation and ADR to demonstrate the value they provide to increase investment in mediation and opportunities for mediators.
4. Enhance the Value of the Mediation Profession - 
• Advocate for fair and appropriate compensation
• Support excellent training and education;
• Ensure proper credentialing 
5. Protect the Public - Continue providing national standards, recognized designations, and ongoing quality assurance and complaint policies through the ADR Institutes of Alberta and Canada.