Do You Need to Be an Attorney to Be a Mediator?

We asked attorneys and other legal professionals in the United States if they need to be an attorney to be a mediator. Each state has their own laws, but we found out from seven responses that you don't need a legal degree to be a mediator. Depending on what state you live in, you most likely have to take a course and pass an exam in order to obtain your mediation license. We hope you learn as much from the responses below as we did.
 

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No you do not. I am a non attorney mediator. You can take a 40 hour state course. However, I graduated from ACU with a graduate level certificate in conflict resolution, negotiation and mediation. This provides a broader perspective on alternative dispute resolution and peace making. I did a 40 hour residency as part of my course work.

Unfortunately some states like SC where I reside still make it very difficult to break into family mediation. They will only offer work to licensed social workers, psychologist (practicing 2 years) and attorney. I am working to get the commission to change their stance on this as it shuts out many qualified mediators.

Right now I do volunteer mediations for the Dept. of Social Services. Non-attorney mediators tend to work in churches, civic organizations, companies (family owned and public) and magistrate court.

Most people have a career before entering mediation and that background helps them find their niche, whether it is schools, real estate, or franchise and management consulting. Change is constant and often brings with it conflict.

Mediation is anticipated to be one of the top 30 professions in the next 10 years. Many judges and attorneys are going into mediation because it's a win/win vs litigation which is win/lose. Attorneys are trained to advocate for one party. Mediators are an objective third party who NEVER gives legal advice.

-Kelly Drake
 

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I am an attorney and a mediator based in Las Vegas, Nevada. I am also one of the founding directors of the Nevada Mediation Group, a nonprofit organization created to provide educational services relating to mediation and dispute resolution.

While technically someone can act as a mediator in Nevada without being a lawyer, as a practical matter if someone is looking to mediate cases that are in litigation then it will be much harder for a non-lawyer to establish themselves. The reason for this is that typically in a litigated case mediators are hired by the lawyers in the case and lawyers typically perceive attorney mediators as being more qualified than non-attorney mediators.

The exception I have seen to this general principal is in the area of family law cases. Perhaps those cases are perceived as involving more "touchy feely" issues, and so lawyers are more willing to involve non-lawyer mediators. In general civil cases such as personal injury, construction, and business cases though, lawyers still dominate the mediation scene.

In my view, while there is definite overlap between the skill sets that make good lawyers and good mediators, a non-lawyer can, in the right case, make an excellent mediator. Through NMG I have met several non-lawyer mediators who are highly qualified and excellent mediators.

-Glenn F. Meier, Esq.
Meier & Fine, LLC
 

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One does not need to be an attorney to be a mediator. Actually, attorneys typically lack the financial expertise to really understand very simple financial issues. This is not really surprising. There is not a single math question on the LSAT and there are no math classes in law school.

Mediation skills require one to be a good listener. Being able to see both sides of the story is also critical. Actually, good communication and sales skills are by far the most valuable skills because mediators "sell" the settlement.

Finally, mediations are typically very emotional and therefore the mediator also needs to be able to read body language and be able to "connect" with the clients. Empathy skills are always helpful.

-Sandy Arons, MBA
Certified Divorce Financial Analyst
Certified Financial Divorce Specialist
Accredited Financial Counselor & Mediator
www.getasmartdivorce.com
 

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You don't need a legal degree, but you need to be certified....American Management Association has all the necessary credentials listed.

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-Bettina Seidman
SEIDBET Associates
www.seidbet.com
http://www.linkedin.com/pub/bettina-seidman/0/a24/a99
 

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Your query was addressed to attorneys, which I am not, but I'm responding nonetheless, because I have a strong opinion about this issue.

It's not necessary to be an attorney to be a mediator. Mediation is an alternative method of dispute resolution, and in the training I received, the emphasis was on setting a table at which the disputants could come to an agreement that worked for both (or more) parties. The mediator is a neutral third party whose job is to create an environment in which the parties, who are the experts in the situation, can create a resolution of their differences.

The mediation process, as I learned it, is not dependent on legal knowledge. The qualifications for the mediators included an understanding of the process, neutrality, and respect for the individuals who showed up at the table. Generally, the mediators with whom I worked were intelligent, well educated individuals with some life experience.

I have mediated with attorneys present and with them absent from the table. It seems to me that the attorneys who were most constructive in the mediation were those who were able to distinguish between their role as advocates and the fundamental understanding of mediation, which is to have each party come to a mutually agreed upon solution that they can most comfortably live with.

For the record, I was trained as a mediator through a Dispute Resolution Center in Montgomery County, Texas, and served for several years as a volunteer mediator. I also served on their board of directors. Attorneys and the law serve us well and we need them in our world. In my opinion, mediation should be viewed as an alternative dispute resolution process which functions well without having to go to court. That said, in many cases, including family law situations, the agreements produced should be reviewed and formalized by attorneys before being finalized, so that they are in compliance with the law.

-Gika Rector
www.gikarector.com
 

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In the State of Tennessee the answer is no, you do however have to attend and pass a rule 31 mediators class.

*Supreme Court Rule 31*

The Supreme Court made Supreme Court Rule 31 in January 1996. The rule gives everyone in the state a way to solve disagreements without going to court.

Rule 31 created a system where litigants, courts, and lawyers can find and use qualified mediators and other neutrals to solve cases before going to court. With the system in place, mediators and neutrals would be available when needed.

Rule 31 does not affect dispute resolution programs or individual cases that are settled without using the Rule 31 system. Any case can use mediation, arbitration, or other form of dispute resolution without using the Rule 31 process.

-Curtis Burkett & Associates Investigations
Licensed Private Investigation Agency
"Criminal Defense, Legal Investigation and Litigation Specialists"
 

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Some of the best mediators are not lawyers. Mediation requires a special skill set that includes diplomacy, the ability to get people to compromise their positions, encouragement, and often, a specific base of knowledge in a particular field (depending on the nature of the controversy). While an attorney's skills may be useful, particularly if the subject matter of the mediation is something that is in litigation, it is more important for a mediator to have a good understanding of the nature of the controversy, and to be able to encourage compromise between the parties.

-Attorney Susan Ellis Wild
Gross McGinley, LLP , LLP
http://www.grossmcginley.com/attorneys/susan-ellis-wild/