The judicial system plays an important role in the United States, but it is not without drawbacks and limitations, particularly the contentious nature of litigation. Mediation, on the other hand, is an effective and affordable complement to the judicial system in a wide range of cases. If mediation is considered appropriate and the parties agree or receive the order to mediate, the court will refer them to an approved mediator or provide a “list” of mediators who meet the basic standards and requirements. In states that have these requirements, mediators must receive approval or certification from the court for referral to be considered.
States that have official lists of judicial mediators usually require 20 to 40 hours of approved training in mediation. Of the states with comprehensive state standards, most require more training for neutrals who want to mediate family disputes than for those interested in civil disputes. Domestic relations cases usually involve a high level of conflict and most of the parties to those cases are litigants who represent themselves. Mediators in family cases also often work with parties who are not familiar with the law, so it is important for family court mediators to be fully aware of the nuances related to such cases.
Experience requirements vary by state, but most include a minimum number of mediations conducted independently or under the supervision of a mediator or mentor. Some states will also accept mediation experience instead of other requirements. In Louisiana, for example, a person must have a license to practice law in the state or have mediated at least 25 disputes or participated in more than 500 hours of dispute resolution. Few states require a law degree to be recognized as a court-approved mediator.
In some states, a bachelor's degree may be required for family court mediators. For example, in New Jersey, the general criteria for admission to the list of court mediators include 40 hours of basic mediation training, five hours of tutoring, and a bachelor's degree. Alabama Dispute Resolution Center Be licensed as an attorney in any state with four years of legal or judicial experience (the experience requirement can be met by completing an approved law school mediation course), or have a bachelor's degree or higher, at least five years of management or administrative experience in a professional, business, or government entity, and experience as a mediator in at least 10 mediations. Candidates must also complete an approved 20-hour mediation training program. To be approved, training programs must include, at a minimum, mock exercises in mediation and ethics education. Candidates must demonstrate at least two years of experience as a family mediator, a family court judicial officer, or a family court pro tempore judge, with at least 20 mediated family cases or trials held in the past five years. California Judicial Council Legal Services Office — Administrative Office of the Courts Each jurisdiction has its own standards for civil mediators.
The California Supreme Court provides a directory of information for each superior court's ADR programs. The Administrative Office of the Courts provides model standards for mediator qualifications to help higher courts develop their own standards (formally known as the Model Qualification Standards for Mediators in Court-related Mediation Programs for General Civil Cases).The model rules include 40 hours of basic training in mediation, at least two mediations of at least two hours in duration that are mediated by a mediating mentor or under the supervision of a mediator, and legal education in the form of a course on the judicial system and civil litigation (this requirement does not apply to lawyers). There are currently no state requirements for the practice of mediation. The Colorado Judicial Department's Office of Dispute Resolution (ODR) maintains a list of mediators. ODR considered only experienced mediators for inclusion in its list.
In general, this requires the applicant to have mediated in a minimum of 20 cases. At least 40 hours of “practical” training in specific mediation skills and general mediation training are also required. Preference is given to individuals with extensive knowledge of Colorado law, court procedures, and the role of judges, attorneys, etc. Judicial Branch of the State of Connecticut The Delaware Superior Court maintains a directory of active mediators who are members of the Delaware Bar Association and others who have completed the Superior Court's mediation training in conflict resolution techniques. DC Courts: Multi-Door Dispute Resolution Division, Florida Dispute Resolution Center According to How to become a certified mediator published by the Florida Dispute Resolution Center, to obtain certification as a mediator from a county, family, circuit, dependency, or appellate court in Florida, the mediator must be at least 21 years old and have good moral character. Mediators must also have the number of points required for the type of certification they seek.
Points are awarded for education (e.g., Miscellaneous points are also awarded to applicants licensed or certified in psychology, accounting, social work, mental health, health care, education or the practice of law or mediation), and for successfully completing a mediation training program (of a minimum duration of 30 hours).Georgia Dispute Resolution Commission's Alternative Dispute Resolution Center There is no “license” or “certification” for court-related mediators in Hawaii. While the Hawaii State Judiciary does not regulate the work of mediators, it encourages them to consult its Mediator Guidelines and contact their local mediation center for information on judicial referrals. You must be trained and meet certain requirements to be able to mediate with a center. Illinois does not have a state certification process for civil mediation; individual circuits have developed their own standards for court-approved mediators. Contact local Illinois courts for more information on how to be eligible for court-related mediation. Indiana Commission on Continuing Legal Education does not regulate who can serve as an advocate during mediation sessions at its centers; however applicants must meet certain criteria such as being American citizens and lawyers admitted to bar. In conclusion it is important to note that each jurisdiction has its own standards when it comes to who can serve as an advocate during mediation sessions.
It is important that potential advocates understand these standards before they begin their journey into becoming an advocate during mediation sessions. The qualifications vary from state-to-state but generally include some combination of education requirements such as having either a bachelor's degree or higher; management/administrative experience; legal/judicial experience; completion of an approved 20-hour mediation training program; completion of 40 hours basic mediation training; completion of 5 hours tutoring; completion of 2 years experience as family mediator; completion 2 years experience as family court judicial officer; completion 2 years experience as family court pro tempore judge; completion 10 mediated family cases/trials held within 5 years; completion 2 mediated cases/2 hours duration under supervision/mentor; completion course on judicial system/civil litigation; completion 500 hours dispute resolution; completion 25 disputes mediated; completion 40 practical skills/general mediation training; knowledge Colorado law/court procedures/role judges/attorneys etc.; good moral character; American citizen; lawyer admitted bar. It is important that potential advocates understand these standards before they begin their journey into becoming an advocate during mediation sessions.
