The judicial system plays an important role in the United States, but it’s not without its drawbacks and limitations, particularly the contentious nature of litigation. Mediation, on the other hand, while not a substitute for the judicial system, is an effective and affordable complement in a broad range of cases.
If mediation is deemed appropriate and the parties agree to or are ordered to mediate, the court will refer the parties to an approved mediator or provide a “roster” of mediators who meet basic standards and requirements. In states that have such requirements, mediators must receive court approval or certification to be considered for referral.
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States with official court mediator rosters usually require between 20 and 40 hours of approved mediation training. Of those states with comprehensive statewide standards, the majority require greater training for neutrals who wish to mediate family disputes than for those interested in civil disputes. Domestic relations cases often involve high conflict and most of the parties in such cases are self-represented litigants. Mediators in family cases also often work with parties who are unfamiliar with the law, so it’s important that family court mediators are intimately aware of the nuances related to such cases.
Experience requirements vary by state, but most include a minimum number of mediations performed either independently or under the supervision of a mediator mentor. Some states will also accept mediation experience in place of other requirements. In Louisiana, for example, a person must be licensed to practice law in the state or have mediated at least 25 disputes or engaged in more than 500 hours of dispute resolutions.
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 court roster of mediators includes 40 hours of basic mediation training, five hours of mentorship and a bachelor’s degree.
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