QUESTIONS FOR DISCUSSION

1. For the purposes of the Commission’s Report and any recommendations, who should be considered to be mediators?

2. To what extent is training for mediators necessary or desirable?

3. By what means should any requirement for mediator training be imposed?

4. Who should be able to train as mediators?

5. What is the most appropriate source of mediator training?

6. What is the most appropriate method of training mediators?

7. What is the core curriculum in which a mediator should be trained?

8. If mediator training programs should contain specialised knowledge components, what is the appropriate content?

9. What are the most appropriate strategies for training mediators?

10. What are the appropriate qualifications for those who are to train mediators?

11. Is some form of control of mediators necessary? Why?

If some form of control is desirable, what is the most appropriate means of control, and how should it be administered?

12. What criteria are relevant in the regulation of mediators? How should those criteria be established and assessed?

13. Is the issue of the regulation of mediators affected by the diversity in ADR?

14. What is the relevance of principles based on disputants’ choice?

15.Should the confidentiality of mediation be protected? If so what should be the scope of the protection?

How should it be achieved? In particular, is statutory protection necessary?

16. Should immunity from liability to be conferred on mediators?

If so, what should be the scope of the protection?