| The American legal system is overburdened | | | | positively outlandish, would be accepted by a |
| with lawsuits. Paralegals spent countless | | | | judge at a final dissolution hearing, and |
| hours doing legal research, drafting | | | | allow their own wishes to be the ones that |
| documents, and interviewing clients in | | | | they follow. |
| preparation for a trial. However, there is | | | | |
| an emerging movement that is challenging how | | | | How can a paralegal become a mediator? |
| we as a society handle disputes, and it is | | | | Unlike therapists or attorneys, whose |
| formally termed Alternative Dispute | | | | educational and licensing requirements are |
| Resolution (ADR). One of the most common | | | | highly regulated by states, no such standards |
| forms of ADR is mediation, where a neutral | | | | currently exist regarding the certification |
| third party, termed a mediator, works with | | | | of mediators. This is likely to change in |
| both sides of a dispute to have them agree on | | | | the future, as the role of mediators become |
| their own terms, without someone else | | | | more recognized as a profession, so when |
| deciding what is best for them. As more and | | | | choosing a training program, be sure to |
| more people choose this route over | | | | follow these guidelines: |
| litigation, there is an increasing need for | | | | |
| skilled mediators, and paralegals have a | | | | - Find an accredited program. There are |
| tremendous opportunity to fill this void by | | | | several types of accrediting bodies, but the |
| utilizing their analytical abilities and | | | | best programs will offer college credit from |
| undergoing formal training in mediation. | | | | a regionally accredited school. Schools with |
| | | | "regional" accreditation undergo stringent |
| Why enter the field of mediation? First of | | | | review processes to ensure quality, and their |
| all, mediation works. Given the opportunity | | | | credits are more readily accepted by other |
| and the means to form their own solutions to | | | | colleges and employers, as opposed to credits |
| their problems, many disputants find that it | | | | from schools with "national" or |
| empowers them and allows what could be a very | | | | "professional" accreditation. Do your |
| complicated litigious process to be a lot | | | | homework! |
| simpler, more successful, and less | | | | |
| cumbersome. Mediation techniques can be | | | | - Find a program that offers a practicum. |
| employed to solve several different types of | | | | Practicums can offer you real life experience |
| disputes, including family matters such as | | | | as a mediator, and the more cases you are |
| divorce or child custody, owner/tenant or | | | | able to have a hand in mediating, the better |
| builder/homeowner problems, community | | | | your skills will become. |
| disagreements, or disputes in the workplace. | | | | |
| | | | - Find a program that offers more than one |
| Mediation can also save time and money. For | | | | generic course in mediation. Since mediation |
| instance, in a divorce/child custody case | | | | is used for many different disputes, there is |
| being settled by litigation, both sides might | | | | specialized knowledge that should be obtained |
| spend thousands of dollars in attorney fees. | | | | for each. Look for a program that will teach |
| It might result in several court appearances | | | | you more than the basics. |
| and numerous phone calls back and forth | | | | |
| between their respective law firms. In the | | | | - Find a program with experienced mediators |
| end, a judge would decide the outcome and | | | | as instructors. Investigate how long the |
| essentially seal their fate, whether the | | | | faculty members have been involved with |
| terms were acceptable to them or not. | | | | mediation, and what types of disputes they |
| | | | have helped to resolve. |
| A similar case handled through mediation, | | | | |
| however, can often be worked out through | | | | As paralegals, our job description is always |
| several sessions with a mediator, at a cost | | | | evolving, so it pays to continuously enhance |
| much more reasonable than if the case were | | | | our skill set. After undergoing mediation |
| litigated. At the conclusion, the two sides | | | | training, you, too, will be ready to embark |
| draft what is termed a "Memorandum of | | | | on the amazing journey of helping other |
| Understanding," which spells out the | | | | people help themselves, making them active |
| agreements between them and, unless | | | | participants in their own destiny. |