Mediator Qualifications

Wally Marcus

There has been an issue for years concerning whether a mediator must be an attorney. I have always believed that it is an issue of competency not profession. I took one family law course in law school and I don’t remember any family law questions on the bar exam. An attorney fresh out of law school probably knows less family law than a non attorney who has been mediating for years and has taken many continuing education programs. The issue was recently addressed by the Florida Supreme Court. The court removed any requirement that a mediator certified by the Florida Court must be an attorney. Gregory Firestone recently discussed the decision in an article in Spring 2008 issue of ACResolution. He stated, "with the momentous decision, the Florida Supreme Court has enhanced party self-determination in the selection of mediators and provided an important precedent for credentialing mediators throughout the world." See more at

http://www.flcourts.org/gen_public/adr/The%20Resolution%20Report/April%202008/rr_SC05998%20_article_Apr08.shtm

As always, you can post a comment about this blog or Mediation. See more at our web site at www.TucsonMediates.com Wally Marcus 3/12/10