Solicitors or barristers in the UK are overseen, regulated by professional organisations. The Solicitors Regulation Authority and Bar Standards Board. What about mediators? The popularity of mediation has increased rapidly in the workplace, as well as in civil and commercial dispute resolution. However, since the judges do not directly control it, many people are left wondering how the standards of mediation are upheld.
This is the place where the Civil Mediation Council can help. It has a crucial role in regulating and encouraging mediation in the UK. From establishing quality standards and accrediting mediators, its job is to ensure that mediation takes place correctly. In a professional, efficient, and consistent way. What exactly does this mean in real life, and what does it matter to you if you’re contemplating mediation?
What Is the Civil Mediation Council?
The Civil Mediation Council (often shortened to CMC) is the recognised professional body that deals with civil, commercial and workplace mediation within the UK. The CMC is not a government department or court; however, it serves as the body to manage the mediation industry.
The primary objective of the CMC is to ensure that people who utilise mediation services for their civil and workplace disputes have confidence in their mediators. To accomplish this goal, the CMC establishes standards, grants CMC certification, and monitors how mediators work.
Why Regulation Is Needed in Mediation
In contrast to solicitors, mediators do NOT require a practising certificate from their regulators for their practice within the UK. In principle, anyone can declare themselves a mediator. Naturally, this comes with risk. If there were no regulation organisation, the public could select mediators who have no experience without accountability, and there would be no uniform standard.
With the offer of CMC accreditation, the Council provides structure in a way that is not required by law. It informs the general people who are interested, “If you decide to choose an accredited mediator, that individual has been properly trained and adheres to the rules of conduct, and is subject to complaints as well as monitoring .”
The CMC and Accreditation
One of the main tasks for CMC is accreditation. Council includes CMC recognition.
Organisations or mediators who would like to be officially recognised need to:
- Undertake a civil, commercial or workplace mediation training course through a CMC accredited training provider.
- Make sure they comply with the requirements of practical experience.
- Demonstrate ongoing professional development.
- Abide by the Civil Mediation Council’s complaint policy.
- Adhere to the European Mediators Code of Conduct.
The accreditation isn’t a single certification. Mediators must continue to sharpen their skills and prove continuous competency. It is a way to ensure that the public, individuals and companies choose a mediator who is accredited by the CMC, and are aware of what they can expect.
Civil Mediation Council Code of Conduct
All mediators who are accredited must adhere to the Civil Mediation Council Code of Conduct. The code outlines the guidelines mediators should adhere to, which include:
- Impartiality. The mediator is not able to take sides.
- Confidentiality – Everything that is said in mediation stays confidential.
- Competence: Mediators are required not to accept cases they’re not qualified for.
- Transparency: Clear description of the fees and procedure for third parties.
- Fairness – ensuring each side is heard equally.
The code also offers an outline for dealing with complaints. If you are concerned about the manner in which a mediation is carried out, you may complain to the service provider or, in the end, through the CMC system.
Training and Standards in the UK
To gain CMC accreditation, training is essential. Programs for civil, commercial and workplace mediation are designed to teach the fundamental skills necessary for managing conflict, structuring negotiation, and working with integrity.
Once their classroom training has been completed and accreditation awarded, newly qualified mediators then need to complete a number of mediation observations before they can mediate by themselves. This ensures mediators are fully ready to deal with whatever may come their way.
The Role of the CMC in Civil Mediation Services
If someone searches for the services of civil mediation, the majority of them go straight to the CMC’s database for registered mediators. It is a way to ensure that the mediator you choose is not just a trained professional who meets standards, but also abides by the rules of the council.
The CMC is forever promoting mediation, raising awareness and educating the public on what mediation is and its several advantages. Liaising and partnering with the government, courts and judiciary to promote mediation as part of the government’s efforts to promote alternatives to dispute settlement. For civil or small-claims cases, judges can inquire if mediation was considered / used. The database of the CMC ensures that there are professionals with the proper qualifications to offer mediation services.
Civil and Commercial Focus
It’s important to remember that the CMC’s primary responsibilities are mediation for civil and workplace disputes involving corporations, individuals and organisations. It encompasses:
- Contract disputes.
- Tenant-landlord disputes.
- Border or neighbour issues.
- Business-to-business conflicts.
- Any type of workplace dispute.
The CMC is not a regulator of family mediation (which operates under the Family Mediation Council). For the commercial and civil sectors, it’s the most reputable institution within the UK.
Limitations of the Civil Mediation Council
The CMC is not a lawful regulator like the Solicitors Regulation Authority is. There are discussions to make it a similar body, however, currently membership of the CMC is voluntary.
It signifies:
- Not every practising mediator is CMC-accredited.
- Users can continue to utilise mediators that are not accredited.
- The CMC is a high-quality body. However, it is not able to exercise the legal authority to ban any practice that is not accredited.
However, this doesn’t mean that the CMC is ineffective, but it does. The courts, tribunals, as well as many companies encourage or require that parties utilise certified mediators. Practically speaking, accreditation is considered to be the gold standard.
FAQs
What is the Civil Mediation Council UK?
It’s the official institution that enforces and regulates commercial, civil, and workplace mediators in the UK.
Do I have to employ an accredited mediator from the CMC?
No, however, it is sensible to, as the mediator would have been vetted before they were able to join. Which in turn instills more confidence in their expertise and professionalism.
What does the Civil Mediation Council Code of Conduct include?
This ensures that mediators operate without bias, with confidentiality as well as competence and fairness.
Conclusion: Setting Trustworthy Standards
Mediation is most effective in a setting where everyone is confident about the procedure. If there is no oversight, mediation can be erratic and even dangerous. The Civil Mediation Council fills that need by establishing professional standards in the field, as well as accreditation of mediators, providing users with a reliable method to pick mediators.
If you’re using mediation for civil purposes, choosing a certified CMC mediator means that you’ll get professionals with a solid understanding of regulations. If you’re thinking about the possibility of a career in mediation, you should consider pursuing commercial or civil mediation training that is CMC accredited. This will help you build credibility.
We at Effective Dispute Solutions recognise the level of confidence CMC standards can provide. CMC standards allow customers to participate in mediation with confidence in the knowledge that mediators are competent, accountable and are backed by a respected professional organisation.
