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