Certification and Standardization of Mediators - Essay Example

Family Law Mediation Demands Consistency and Reliability Mediation in the Family Courts is a fairly new idea. Courts love, above all else, consistency and reliability in what is presented to them. Given the patchwork of State guidelines for family courts, there is often too much information to consider in divorce and custody cases. Like an expert witness, a seasoned and certified mediator is sure to offer a reasoned agreement based on the hours spent with the parties that a judge can ill-afford.

However, even the American Bar Society Section of Dispute Resolution leaves it to the individual States to create their own sanctioning or certification bodies and takes no position with what those standards should conform (2000). While it is true in most states a private individual can set himself or herself up as a private mediator, having the sanction of the State and the judiciary is what sets others apart from a mediocre mediator with no training and creates a realm of professionalism.

It stands to reason that any kind of profession should have standardized training and credentials. Keywords: certification, court, judiciary, mediator, training Statement of FactsIn many states a person can offer private mediation services without taking a class, passing a test or having a special license or certification. Other States require certification from 20 hours to 40 hours, plus continuing education units, according to the Mediation Training Institute International. A few states require a substantive understanding of the area of law to be mediated and stop short of requiring a juris doctor degree.

Several universities now offer master’s level degrees in the new area of mediation and alternative dispute resolution (Notre Dame, Creighton Law, Colorado Tech, Regis and Baker University to name but a few). Hawai’i, according to the Hawai’i State Judiciary (1996), is one of the States with minimal requirements. DiscussionProfessions, such as chiropractors, Certified Public Accountants and lawyers, must all receive rigorous training and pass a State test in order to receive their credentials.

It is clear from the assigned reading materials that there is a model code of professional behavior to achieve positive results in mediation. Indeed, the American Bar Association endorses a specific standard (2000). Without a certain level of training and testing there is no way to regulate standards of behavior and practices within the profession of mediation.As a nascent field, the lack of standardization is normal. At one time a lawyer did not attend college of any sort and became a lawyer by simply reading the law under an older lawyer.

That model has its tradition in many of the craft guilds throughout history. However, that model is quickly becoming outdated as crowded court systems increasingly depend on the professional services of outsiders (non-court personnel) to help them sort through the facts and figures and come to an agreement in civil cases. The courts need experienced and knowledgeable professionals to assist. No where is this more important than divorce and custody cases where the factual issues are closely intertwined with personal feelings and high conflict (Beaton).

Courts are called upon to pass judgment on custody and property issues with only the facts before them in a short hearing. It is no wonder that some judges have begun to mandate mediation prior to hearing a complex or high-conflict case.Lawyers, too, benefit from the assistance of a professional mediator in family law cases. The adversarial system does not treat everyone equally nor does it deliver justice to all. Those who came out of law school intending to “change the world” find that mediation, not litigation, is key (Singer).

So what would standardization of accreditation look like? Arkansas provides a comprehensive list of requirements:1) bachelor’s degree; 2) 40 hours approved mediation training; 3) 2 mediations observed, co-mediated, or mediated; 4) good moral character; and 5) accept and follow Guidelines for Conduct of Mediation and Mediators. Guideline qualifications for family mediators: 1) 40 hours approved family mediation training or 40 hours general mediation training plus 20 hours family or parenting mediation; 2) bachelor’s degree and 2 years’ experience in family and marriage issues; or master’s degree in social work, mental health, behavioral social science; or be an attorney; 3) 2 family mediations observed, co-mediated, or mediated; 4) good moral character; and 5) accept and follow Guidelines for Conduct of Mediation and Mediators (Mediation Training Institute)Colorado, District of Columbia, Florida, Idaho, Louisiana, Maine, Michigan, North Carolina, Oklahoma, and several other states have similar or more stringent requirements.

Since the American Bar Association, which determines the qualifications and credentialing of law schools and lawyers, has a separate section for Alternative Dispute Resolution, I propose they develop pattern mediation certification and training programs to which the individual states may follow.ReferencesAmerican Bar Association. Section of Dispute Resolution. Retrieved from http://www.americanbar.org/groups/dispute_resolution.htmlBeaton, Jeffrey, & Jessica Speer (May 2011). Thoughts on Mediating Custody. Mediate.com.

Retrieved from http://www.mediate.com/articles/BeatonJ4.cfm.Hawai’i State Judiciary for Alternative Dispute Resolution (Sept. 1996). (PDF Document) Retrieved from http://hawaii.gov/jud/selmed.htm.Mediation Training Institute International, University of Arkansas at Little Rock. Retrieved From http://www.mediationworks.com/medcert3/staterequirements.htm.Model Standards of Practice for Model Family and Divorce Mediation (August 2000). Retrieved from http://www.afccnet.org/resources/resources_model_mediation.asp.Singer, Linda (Jan. 2011). Mediation “Catching On (Video).

United States:Mediate.com/Views. Retrieved from http://www.mediate.com/articles/singerdvd04.cfm Young, Paula (Nov. 2000). Online Mediation: It’s Uses and Limitations. Missouri Lawyer Weekly. Retrieved from http://www.mediate.com/articles/young4.cfm.