Mediation training plays an important role in supporting the quality, consistency, and professionalism of mediation practice in Maryland. Trainers are responsible not only for teaching the knowledge and skills needed to mediate effectively, but also for helping prospective mediators understand the professional responsibilities and standards that govern mediation practice in Maryland.
This information is intended to be a practical resource for current and prospective mediation trainers who are developing or delivering mediation training in Maryland. It brings together key considerations that trainers should take into account when designing a high-quality training program, including training content, skills development, simulations and role-plays, trainer experience and conduct, training format, and certificates of completion.
The information on this page is focused on the requirements for mediation trainings which are governed by the Maryland Rules: 40-hour basic mediation, 20-hour child access mediation, and 20-hour marital property and divorce mediation. Trainings on other advanced mediation topics, such as mediation of CINA/TPR, probate, or foreclosure cases, will have different requirements. Trainers should use the information below together with the current Maryland Rules and applicable Maryland Judiciary guidance when planning their trainings. Individual trainees are responsible for confirming whether a particular training satisfies the qualifications applicable to their intended mediation practice.
Above all, high-quality mediation training should do more than convey information. It should provide trainees with opportunities to develop and demonstrate practical mediation skills, receive meaningful feedback from experienced mediators, consider the ethical and professional responsibilities of the mediator role, and develop the judgment necessary to conduct mediation safely, effectively, and in accordance with Maryland standards.
Training Content and Delivery Requirements in Maryland
Required Training Content: Basic Mediation Training
In order for a basic mediation training to satisfy the requirements of Title 17-104 of the Maryland Rules, it must be at least 40 hours in length, and include this essential content:
- conflict resolution and mediation theory, including causes of conflict, interest-based versus positional bargaining, and models of conflict resolution;
- mediation skills and techniques, including information-gathering skills; communication skills; problem-solving skills; interaction skills; conflict management skills; negotiation techniques; caucusing; cultural, ethnic, and gender issues; and strategies to (1) identify and respond to power imbalances, intimidation, and the presence and effects of domestic violence, and (2) safely terminate a mediation when such action is warranted;
- mediator conduct, including conflicts of interest, confidentiality, neutrality, ethics, and standards of practice; and
- simulations and role-playing, monitored and critiqued by experienced mediator trainers.*
*Simulations and role-plays must occur in real-time, with live coaching and feedback from experienced mediator trainers.
Maryland Rules require court-connected mediators to be familiar with the rules, statutes, and practices governing mediation in the courts. Therefore, MACRO strongly recommends that all basic mediation training curriculum include the following:
- The Maryland Standards of Conduct for Mediators
- The Maryland Mediation Confidentiality Act
- Title 17 of the Maryland Rules governing mediation in the courts
Advanced Training: Child Custody and Visitation Disputes
In order to qualify to mediate child access or child custody disputes with the Maryland courts, a mediator must complete at least 20-hours of training designed specifically for this topic area. Training content must include:
- Maryland law relating to separation, divorce, annulment, child custody and visitation, and child and spousal support;
- the emotional aspects of separation and divorce on adults and children;
- an introduction to family systems and child development theory;
- the interrelationship of custody, visitation, and child support; and
- strategies to (i) identify and respond to power imbalances, intimidation, and the presence and effects of domestic violence, and (ii) safely terminate a mediation when termination is warranted.
Please note this training cannot be conducted in conjunction with a basic mediation training and/or a property and financial issues in divorce mediation training in a manner that reduces the total number of hours that would be required for any of the trainings if conducted individually.
Advanced Training: Property and Financial Issues in Divorce
In order to qualify to mediate issues related to property and financial issues in divorce cases with the Maryland Courts, a mediator must complete at least 20-hours of training designed specifically for this topic area. Training content must include:
- skill-based training in the mediation of economic issues in divorce and annulment cases.
Please note this training cannot be conducted in conjunction with a basic mediation training and/or child custody and visitation mediation training in a manner that reduces the number of hours that would be required for any of the required trainings if conducted individually.
General Expectations for Mediation Trainers
Remote Training
MACRO recommends that when delivering mediation training online, trainers should require trainees to maintain visibility with their cameras on, in order to confirm full attendance and engagement.
Please note, training that is asynchronous does not meet the requirements of Maryland Rule 17-104.
Advertising Limitations
All training organizations and individual trainers are prohibited from:
- advertising that their basic mediation training satisfies the requirements of Title 17 of the Maryland Rules. They may, however, indicate that their training is “intended to satisfy the requirements of Title 17-104 of the Maryland Rules.” This also applies to any advanced mediation trainings, including child access training and divorce and marital property training. Individual trainees are responsible for confirming with the Mediation and Conflict Resolution Office (MACRO) whether a respective training course meets the qualifications.
- using any logos, seals, or proprietary images attributed to the Maryland Judiciary, the Mediation and Conflict Resolution Office (MACRO), or any individual courts or related agencies, when advertising their mediation training courses.
- stating that trainees who complete their training will become certified mediators. Trainees may receive a certificate of completion. “Certified” means that a public or private entity with criteria for evaluating mediators has determined that the mediator meets those criteria.
Trainer Conduct
All mediation trainers are expected to abide by the Maryland Standards of Conduct for Mediators, not just in their role as a mediator, but in their role as a trainer.
Certificates of Completion
At the completion of a mediation training, trainers should provide a certificate of completion to all trainees who have completed the full course requirements. The contents of the certificate should include the following:
- Title of the mediation training
- Printed name of the trainee
- The training dates and total number of hours spent in training
- Location of training (online or city/state)
- Printed name and signature of trainer(s)
- Address and email contact for the trainer(s)
Trainers should also be willing to provide a syllabus to trainees that details the content provided in the training.