Advanced Diploma in Mediation

Purpose

The purpose of this qualification is to equip prospective learners with general and specialist knowledge in mediation with regards to family disputes, divorce proceedings and commercial disputes.

The qualification will enhance the skills of the learners so that they will be equipped as mediators and that are able to encourage discussions and be assisted in gaining a greater understanding of disputes. The qualification seeks to equip learners who will be able to facilitate reconciliation through assisting disputing parties in communicating and exploring their issues. The learners should be able to establish and enforce procedures which are fair and which allow all sides a chance to be heard. The purpose of the qualification is to develop mediators to help parties in conflict to achieve settlement. The mediation must also provide confidential, risk-free opportunities for parties to resolve their disputes.

This qualification aims to develop theoretical competencies and practical skills for individuals to effectively operate as mediators. Conflict management interventions, starting from the extreme of avoidance, to conciliation, negotiation, mediation, arbitration, litigation, to the extreme of violence/war require mediation efforts. The qualification seeks to empower learners who will become mediators and perceive mediation as a process that values voluntariness, self-determination, confidentiality, and an impartial third party facilitator. To promote better relationships through cooperative problem-solving and improved communication, a well-trained individual is ideal to deal with situations.

Rationale

There is a pivotal need for a mediator who is able to listen and help the parties identify the underlying causes of conflict and how they would like to resolve or manage their problems. The entire international community is expected to exert active and efficient efforts to resolve current conflicts and to prevent potential disputes. Because of the need to maintain confidentiality in the process, it is of crucial importance for a mediator to comply with the confidentiality of the process of negotiations as well as to avoid actions or statements about the process that may compromise the parties. The qualification aims to develop mediators who will propose flexible but values-based strategies from the beginning of the process and be able to present a common vision to the parties of a dispute.

Recognition of Prior Learning (RPL)

The institution has appropriate policies and procedures for RPL including the identification, documentation, assessment, evaluation and transcription of prior learning against specified learning outcomes, so that it can articulate with current programmes and qualifications. Assessment instruments are designed for RPL in accordance with the institution's policies on fair and transparent assessment. See CHE document addendum for RPL policy.

Entry Requirements

The minimum admission requirements for entry into an Advanced Diploma are an appropriate

• Relevant 360-Credit Diploma.

Or

• Higher Certificate in the field of Mediation.

Or

• Bachelor qualification within the field.

This qualification comprises 10 compulsory modules at NQF Level 7, totalling 120 credits

• Language and Life Skills (Listening and communication skills), 8 Credits.
• Family Law (Financial implications of divorce), 10 Credits.
• Family Law (Family and Divorce), 12 Credits.
• Introduction to the process of divorce mediation, 15 Credits.
• Work Integrated Learning (WIL) - based on above, 15 Credits.
• Language and Life Skills (Listening and communication skills), 8 Credits.
• Law of Alternative Dispute Resolution, 10 Credits.
• Mercantile Law (Other), 12 Credits.
• Mediation Ethics, 15 Credits.
• WIL - based, 15 Credits.

1. Gather, evaluate and manage information required for the mediation process in order to reach an amicable solution for all parties involved.
2. Develop advanced knowledge of theoretical concepts and skills underlying a range of approaches to mediation in a variety of settings.
3. Demonstrate an advanced understanding of fundamental principles of ethics in a comparative multi-disciplinary perspective.
4. Demonstrate integrated knowledge and understanding of mediation and alternative dispute resolution.

Associated Assessment Criteria for Exit Level Outcome 1

• A relationship between conflicting parties is managed.
• Knowledge and skill to conduct a mediation meeting are applied.
• The knowledge acquired to solve problems in the mediation context is applied and the process and techniques used are evaluated for reference.

Associated Assessment Criteria for Exit Level Outcome 2

• Theory and best practices with regards to mediation between family members, couples, parents and within the corporate environment are applied.
• Different process models: family, community, business; stages of the process: pre-mediation/case development and mediation parts are analysed.
• Mediation Styles: facilitative, evaluative, transformative, problem solving; process management are applied.
• A list of mediation skills, techniques and behaviours to include rapport and negotiation skills are identified.
• Mediation is delivered and practiced using key skills such as rapport and negotiation.
• Contexts and different approaches when dealing with conflict and impasse are considered and used.

Associated Assessment Criteria for Exit Level Outcome 3

• Mediation principles, codes of ethics, ethical dilemmas, values and principles are understood observed and adheres to.
• Key principles and practices underpinning Mediation are applied.
• Ethical guidelines and principles to include empowerment, mutual respect and equity of exchange are followed.

Associated Assessment Criteria for Exit Level Outcome 4

• Ideas, possible solutions and proposals based on problem-solving methods within the mediation process are developed and communicated.
• Personal learning and development journey are comprehensively described, and informed practice and findings are presented clearly showing evidence of critical thinking and analysis.
• Core communication skills required in skilful mediation are demonstrated.
• A case for mediation including drafting effective position papers is prepared.
• Regulation and case law relevant to the field of alternative dispute resolution (ADR) are cited.

Integrated Assessment

Different methods of assessment will be applied in alignment with the assessment criteria and the prescribed assessment methods as described in the learner guide for each particular module. Both formative and summative assessment will be used to determine if the learner has achieved the desired outcomes for the module. Summative assessment will consist of a written examination at the end of each semester. The Work Integrated Learning component will be subject to continuous assessment, which will include role play, case studies and portfolios.

Formative assessment will also include tests, group and individual assignments, case studies and portfolios.