The Certified Mediator within the meaning of the Mediation Act
Information on training and further education as well as explanations of the legal requirements for the title „Certified Mediator“
Legal basis
The source of the following information is
- the Mediation Act, enacted in 2012
- the Training Regulation for Certified Mediators, issued in 2017 and
- the regulations in the wake of the coronavirus pandemic, in particular the extension of the deadlines set in July 2020.
Legally protected term: Certified mediator
In Germany, even after the enactment of the Mediation Act, it is still possible to Mediator name.
Only the designation Certified mediators are subject to legal protection. Section 5 (2) of the Mediation Act has provided this legal protection since 2012.
With the enactment of the training regulations for certified mediators on 1 September 2017, those who are certified mediators may call themselves certified mediators,
- who have completed a corresponding training programme,
- practically conducted a mediation case and
- reflected on this in a supervisory capacity.
Following the training, further training is required in order to be allowed to continue holding the title.
Self-certification
Anyone who fulfils (or has fulfilled) the training requirements and subsequently the further training requirements may officially bear the designation. Certification by a public, semi-public or private (other) body is not required. In practice, with the training and further training requirements, it is self-certification that is required by law (without an authority taking over or checking this).
PS: Anyone who uses the title unjustifiably risks a warning and possibly an action for injunctive relief by a competitor or other authorised bodies (e.g. mediation associations).
Legally required contents of the training to become a certified mediator
The mandatory content of training to become a certified mediator is regulated by §§ 5, 6 MediationsG in conjunction with § 2 Training Ordinance for Certified Mediators (ZMediatAusbV). § 2 of the Training Ordinance for Certified Mediators (ZMediatAusbV). The training to become a certified mediator consists of a theoretical and a practical part. The theory is taught in a training course of at least 120 hours (practice-oriented!), the practical part takes place in the form of individual supervision of a real mediation case of the training candidate.
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Theory part: Practical theory training
The training consists of a course lasting at least 120 hours. The legislators and regulators emphasise the importance of the course being structured and carried out in a practical manner; simply imparting knowledge is not sufficient. This is another reason why mediation training courses often include practical exercises and role plays or empathy exercises. In addition, the ZMediatAusbV regulates the content to the hour! A glance at the content gives an idea of the interdisciplinary nature of mediation; psychology, law, group dynamics and communication theory, but also other areas are included.
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Practical part – 1: Mediation case
The candidate must have conducted a practical mediation case no later than one year after completing the course. Provided the candidate is not at fault, the deadline can be extended once by six months. It is important to note that candidates do not have to wait until the end of the course; they can also conduct a mediation case during the training period. In any case, however, only a mediation case that falls under the definition of mediation within the meaning of the Mediation Act is valid. Pure shuttle mediations or simulated conflict cases do not count.
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Practical part – 2: Individual supervision on the mediation case
The mediation case must also be submitted to individual supervision within the period described above. The duration of the supervision is not specified by law, but will require at least twenty-five minutes, but will generally last one hour. A (video) telephone call should be sufficient to fulfil the legal requirements, as the parties involved are likely to know each other from the training course.
Progress: Four supervised mediations in two years
As economical as the training hours for the Certified Mediator are, practical experience is required for the continuation of the title.
§ Section 4 (1) ZMediatAusbV requires that at least four mediation cases are conducted and reflected upon in individual supervision within the two years following the completion of their mediation training. If they fail to do so, they lose their authorisation to use the title „Certified Mediator“. They are free to start the training process again from the beginning. An extension of the deadline by one year is possible, insofar as fault must be excluded.
Continuing education: Forty hours every four years
Certified mediators must undergo continuous training. Every four years, starting with the training certificate, certified mediators must complete forty hours of further training in order to be authorised to use the title. This period can also be extended – in the absence of own fault. The forty hours can be spread over several training events. If this requirement is not met within the years, it would subsequently emerge that the title was in fact wrongly held. On the other hand, the authorisation is restored if the training requirement is fulfilled in the following four years. According to the wording, there is then no longer an obligation to conduct mediations.
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