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 masterââ¬â¢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). Hawaiââ¬â¢i, according to the Hawaiââ¬â¢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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