CAN ANYONE BECOME A MEDIATOR? SHOULD EVERYONE?

My answer to both questions in “Yes,” but with an explanation.

There is a difference between calling one’s self a mediator and offering mediation services and using mediation skills in one’s family and in the workplace.

But in order to officially become a mediator, one should complete a training program. I recommend classes offered by Community Mediation Centers, as these are inexpensive and offer opportunities to volunteer and serve the community. You can search for your nearest location online or visit the National Association for Community Mediation website at www.nafcm.org. Some local courts either offer classes or recommend local training programs. There are also commercial training programs, which can be expensive.

I’ve conducted training programs for mediations for decades. Some who took the class have gone on to professional careers, most became volunteer mediators, but all have reported how the skills they developed during the training helped them both professionally and personally. I did, however, have one person tell me they discovered becoming a mediator wasn’t for them. When asked why, they said, “Because I learned I can’t stop telling people what to do.”

——————————————————————————————————————————————————--

Fred Jandt is the author of several books, including his latest, “How To Survive a Mediation.”

Peter Costanzo
CAN MEDIATORS BE TRUSTED?

I’m often asked if mediators can be trusted followed by can they be sued. The easy answer is “yes” to both but the true answer is more nuanced.

First of all, remember that mediators are not “deciders,” it’s the participants who decide. And since mediators don’t tell participants how to resolve their issues, they’re not liable for the resolution itself.

Mediators control the process, but follow a code of ethics to insure all is conducted properly and fairly. Those mediators appointed by courts generally have the same immunity as judges. Private mediators generally require participants to sign an agreement limiting their liability from ordinary negligence.

Actual misconduct by a mediator is extremely rare. That said, there are cases of extreme fraud, conflict of interest, coercion, providing legal advice, breach of confidentially, or failing to follow the terms of the agreement to mediate.

So, while mediators can theoretically be sued, actual cases are extremely unusual. Decades of experience, then, evidence that mediators as a profession can be trusted.

——————————————————————————————————————————————————————

Fred Jandt is the author of several books, including his latest, “How To Survive a Mediation.”

Peter Costanzo