11. Choosing a Mediator — Weeding Out the Clueless
But calling yourself a “mediator” doesn’t make it so. For some reason, everybody and their dog seems to think that they would be a gifted mediator. In Texas, you don’t need a law degree, an accounting degree, or any other formal training. Anyone is allowed to hold himself or herself out as a mediator after taking about the same number of “classroom hours” that would be needed to get through a one-semester course in basket weaving. To mediate child custody issues, one would need “an additional 24 hours of training in the fields of family dynamics, child development, and family law.” This “training” attracts the retired, those who have lost their jobs or gone broke in business, and numberless other combinations of people with no experience in the legal system— all of which would be fine, were it not for the fact that the very essence of the mediator function is advising people as to whether they should settle their lawsuit.
If your divorce involves significant property or any child custody, child support, or child-related issue, you should think long and hard before you agree to use a mediator without several years of experience in the court system. That’s the part that the mediation-as-the-solution-to everything people don’t get. Mediation is not just about moments of endearment and discussing peace on earth. Mediation is about helping real people make decisions about their lawsuits.
Robin M. Green, Divorce: When It’s the Only Answer (The Ordinary Mortals Guide, Inc., 2005), Chapter 14, pp. 216-217.
Mediation Portal
1. Mediation: Getting the Flavor of Mediation
2. Mediation: If You Are Ordered to Mediate, Can You Object?
3. Mediation: Should All Cases Be Mediated?
4. Mediation: Confidentiality
5. Mediation Essentials — Opportunity to Tell Your Side of the Story
6. Mediation Essentials — Listening Can Pay Big Dividends
7. Mediation Essentials — The Typical Mediation Format
8. Mediation: How Soon Should the Case Be Mediated?
9. Mediation: How Long Will It Take? How Much Will It Cost?
10. Choosing a Mediator — What You’re Looking For
11. Choosing a Mediator — Weeding Out the Clueless
12. Mediation: It Is Not the Place or the Time for Drama or Surprises
13. Mediation: Unintended Consequences — Mediation Sometimes Is Just a Discovery Tool
14. Mediation: The Mediation Process Is Not a Substitute for the Trial Process
15. Mediation: Understanding the Mediator’s Bias
16. Mediation: Can You Mediate without a Mediator?
17. Mediation: Can You Mediate without a Lawyer Present?
18. Mediation: Mediated Settlement Agreements Are for Keeps
19. Mediation: The Dark Side of Mediation