1U.S. Bureau of Labor Statistics. (2023, September 6). How to become an arbitrator, mediator, or conciliator. Occupational Outlook Handbook. Retrieved September 14, 2023.
2Indeed. (2022, August 11). What are mediator skills? Definition and examples. Indeed. Retrieved September 14, 2023.
Approved by the assistant dean of the College of Humanities and Social Sciences on Oct. 24, 2023.
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The court systems are indispensable for delivering justice and resolving disputes. However, not all cases must be resolved through a trial. For that matter, not all disputes must be submitted as official complaints to the court.
Many disputes are resolvable through less confrontational means: mediation. What does a mediator do, exactly, and what’s the process for how to become a mediator? This guide will provide you with answers and may help you decide if becoming a mediator is the right choice for you.
Now that you are familiar with mediation, you might be wondering, What is a mediator in law? Mediators act as neutral third parties in a dispute. They facilitate discussions between the opposing parties. They may ask questions for the parties to consider and provide direction for the discussion. Mediators help guide the opposing parties toward a mutually agreeable solution for the dispute.
Nearly any type of case that could be taken to a civil court system may be addressed through mediation instead. Mediators can work on a variety of non-criminal cases, including disputes pertaining to child custody and visitation, divorce, employment, business and labor unions. Mediators may also work on disputes between neighbors, landlords and tenants, family members and business partners.
Although mediators can play a central role in resolving disputes, they do not hold decision-making authority. Both sides in the dispute must mutually agree on a solution. The mediator cannot force either side to accept a particular resolution.
If a resolution is not forthcoming, the dispute may need to be resolved in court. In addition, mediators are not responsible for ensuring that the terms of the resolution are carried out.
However, the mediation agreement is a legally binding contract. If either party violates its terms, the other party may sue for breach of contract. The case may then be taken to court.
Now that you know the answer to the question, What is a mediator in law? it’s time to take a look at how to become a mediator. There is no single mediation career path; people can come to the profession from a range of backgrounds and qualifications.
It’s important to note that states set their own requirements for training, licensing and certification regarding how to become a mediator. You should research the requirements for the state in which you’d like to work before beginning your own mediation career path. Adhere to your state’s requirements, even if they differ from the guidance below.
It’s common for mediators to work within a particular specialty. Some, for example, specialize in family law cases, while others work on disputes involving intellectual property, financial services, housing law or construction.
The specialty or practice area you choose can influence your choice of degree. For example, you might choose a bachelor’s degree in business management if you’d like to handle corporate disputes. A legal studies degree could be another reasonable choice that may translate to various practice areas.
For some mediators, a bachelor’s degree, mediation-specific training and work experience may be all that’s needed. Other employers require mediators to have a law degree or a relevant master’s degree.1
Training and licensure requirements vary by state. Most of the states, however, require mediators to complete between 20 and 40 hours of training courses to become certified, and some states require additional training in a practice area.1
Some court systems may require mediators to be licensed attorneys. For some practice areas, mediators must be certified public accountants (CPAs).1
It’s common for a new mediator to work under the supervision of an experienced mediator. You may also gain some experience by volunteering your time at a community center that offers mediation services. Once you’ve gained sufficient work experience, you can begin working on cases without supervision.1
In addition to your formal education, it is helpful for mediators to have the following characteristics and skills:2
Mediators must remain aware of professional ethics at all times. Three of the most important principles are confidentiality, procedural fairness and impartiality:
Students who are passionate about criminal justice and legal studies can find a supportive and friendly learning community at Grand Canyon University. If you dream of pursuing a career as a professional mediator, consider applying to our Bachelor of Science in Justice Studies or our Master of Science in Criminal Justice with an Emphasis in Legal Studies degree program. To learn more, fill out the form on this page or visit the College of Humanities and Social Sciences.
