The judge sits on his platform in a stern black robe while attorneys argue point by point. Meanwhile, the imaginary meter continues to add up the legal costs. Most people would give about anything to avoid this scene. Not every legal case is a "knock down, drag out" court battle. Some parties can and will settle their disputes out of court. This is where the mediator comes in, serving as a liaison for the court and encouraging negotiations between the parties.
The Function of a Mediator
By definition, mediate means to help opposing sides settle a dispute. A legal mediator does just that⢀serves as an unbiased negotiator between parties desiring to settle an issue out of court. The process is referred to as Alternative Dispute Resolution (ADR), and the mediator isn't counsel for either party. In short, the mediator is there to help the parties reach a written agreement to present to the court for approval.
Mediation does not prevent individuals from court proceedings. If the dispute process doesn't result in an agreement, a court battle may result in which the events of the mediation are inadmissible.
Education and Experience
Each state specifies the qualifications of legal mediators. The guidelines are generally found in the Rules of Court. Though attorneys regularly serve as mediators, there are some exceptions. In Indiana, mediators in civil cases must be attorneys but mediators in domestic relations cases may be an attorney or someone with a bachelor's degree in public law or a related field.
In addition to their legal training, all mediators are required to pass ADR training courses in their individual state. Licensure is, again, a state-mandated requirement. Most states opt for registration or certification rather than a licensing program.
When and Where Mediators Work
Being a mediator means varied work hours and work places. Yes, mediators commonly have a private office, quite often in a law firm. However, the actual dispute resolution may take place away from the office and travel is common. The involved parties will select a compatible negotiation site.
Successful mediators have a normal work week of about 40 hours. Yet those hours may not adhere to a 9 to 5 schedule. Negotiations happen when all parties are available and that may mean evenings and weekends, especially if an impending deadline looms.
Job Outlook
The Bureau of Labor Statistics says 9,400 people are expected to work as full-time mediators by the year 2016, a number that doesn't include full-time lawyers who mediate on the side. The field will experience average growth with no expected decline. The desire to stay out of the courtroom is conducive to job growth.
Compensation
According to the Bureau of Labor Statistics' May 2007 wage data, mediators can expect to make around $24 per hour. In 2006, the median annual income was about $49,000. The mediator's income will depend on the geographical area and the focus of law. Mediators in metropolitan areas generally earn more than those in small rural communities. Mediators able to handle both civil and domestic issues increase their case load and, thereby, their income.
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