Family Law Mediator Qualifications and Roles

If you’re going through a child custody case or divorce, you might have heard about or been ordered to attend a mediation program. Mediation is an alternative dispute resolution, or ADR, process where both parties sit down with a mediator to see if they can resolve the issues without going to court and seeing the judge.

States and family courts have their own rules and regulations about the qualifications and basic mediation training required to be a family law mediator. For specific details on what training a mediator in your area must have, it is best to speak with a local, experienced family law attorney.

Training Requirements for Mediation Certification

Family mediation can differ from mediation in other areas of civil litigation. Thus, qualifications for a family mediator may vary from those for a mediator of different types of litigation. Because they deal with contentious matters like divorce and child custody, family law mediators must be experienced in conflict resolution techniques.

Most family law mediators should have family mediation training specific to family court cases and disputes. A family court mediator could be someone who is also an attorney, a mental health provider, a social worker, or another person who is familiar with the family court.

Generally, these professionals will hold a bachelor’s degree or even a master’s or professional degree, like a law degree. Though, there isn’t always a formal education requirement.

Many state requirements specify the type of mediation training mediators must attend or require a certain number of hours of training. Other states may also require family court mediators to sit in and observe or co-mediate a required amount of hours of family law mediation.

States or local rules may even require certified mediators to have continuing education to retain their mediator certification. When searching for your mediator, it would be best to seek someone who possesses these skills:

• Firm yet compassionate
• Ability to hear both sides’ points of view
• Ability to remain neutral
• Effective communication skills
• Understands child development
• Negotiation skills

Role of a Mediator

It is vital to remember that professional mediators should always remain neutral. They are not there to make decisions for the parties. They are there to help parties communicate openly and reach a resolution upon which both sides can agree. Unlike in the court system, you are not using mediation services to “win” or convince the mediator that you are “right,” and the other side is “wrong.”

During the mediation session, you and the other party meet with the mediator and your attorneys, if you have attorneys, discuss the issues that need to be resolved, and work on solutions together. An experienced mediator can significantly help with this task. They may have you role-play different ideas and scenarios. They may also encourage each party to consider how a solution may impact their co-parent, soon-to-be ex-spouse, and, most importantly, their child.

In child custody and divorce cases, people’s emotions may be high. It can be hard to step back and hear the other person and their point of view. A good, experienced mediator can help with that. They can also help come up with ideas neither party has thought about before.

The mediator wants to ensure you have a good mediation experience. This doesn’t always mean all issues are resolved. Sometimes, a good mediation experience means you made a good-faith effort to work it out. However, in many cases, mediation does result in at least some issues being resolved.

Mediation sessions are confidential, so you generally can’t call the mediator as a witness in court if mediation is unsuccessful.

Benefits of Family Mediation

The most significant benefit is that it can save money. There is much less preparation you and your attorney need to do for mediation than going to court. While you must pay for the mediation session, it is far less than going to court. Mediators’ costs vary, so it is best to ask your attorney. Some mediators may have sliding scales based on incomes, others may charge a flat rate for a certain amount of hours, and some may have an hourly rate they charge.

The other significant benefit is that going to mediation gives you more control over the outcome. Rather than a family court judge hearing just a snippet about your life, you get to sit down and work out an agreement that should work best for you and your family. For example, you and your co-parent know your child better than any judge.

It is generally more beneficial for you both to work together on a parenting plan that fits your lives and you think will be best for your child than having a judge—who can’t know all the ins and outs of everyone’s schedule and lives—make that decision.

How Do I Find A Family Mediator?

Sometimes, locating a mediator can be tricky. However, if you do have an attorney, they will often know who in your community provides this service and get in contact with possible mediators on your behalf.

If you don’t have an attorney, there may be a court roster of persons who offer this service. The judge’s staff or the court clerk may have this court roster. The court roster may be found online if the family court has a website. Contact them or the state bar association for referrals to certified mediators if you have a law school in your area.

For questions about what family mediation training is required or family mediation in your area, speak with a local family law attorney in your area.