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