Thursday, November 21, 2019

Certification and Standardization of Mediators Essay

Certification and Standardization of Mediators - Essay Example 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. In 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. Professions, 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

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