For those who are interested in learning how to become a mediator in Kentucky, the Kentucky Supreme Court has laid out a process for a mediator to be certified to become a court-connected mediator. The qualifications are laid out by the Supreme Court and overseen by the Kentucky Administrative Office of the Courts.
As more and more courts begin to see the impact for good that mediation has on their civil litigation cases, more courts are adopting a court-approved mediator certification. The state court administration maintains these lists and allows parties to choose to participate in the alternative dispute resolution process with someone who has their arbitrator and mediator certification.
In recent years, these programs have expanded to include programs like the New Mexico Children’s Court Mediation Program. The South Carolina Bar houses an officer, the State Court Administrator, who oversees mediation in that state. Both the West Virginia State Bar and the Montana Mediation Association support mediation within their respective states.
Chances are, if you would like to become a mediator in the state you live in, you can with some mediation training and experience with the mediation process. Kentucky is no exception to this rule. This article will outline the process to meet the qualifications and become a court-connected mediator in no time.
Requirements for Court-Approved Mediators
The mediator qualifications for mediators hoping to handle court-referred cases are governed by Civil Rule 100 in Kentucky, which is the Code of Conduct for Mediators and Competency. This rule establishes the requirements necessary to conduct mediation under the Kentucky Mediation Rules. Importantly, Kentucky courts do not require that court mediators have a law degree or practice law before they earn court approval. Instead, there are two major components to mediation qualifications as outlined by the Kentucky Administrative Office of the Courts: successful completion of basic mediation training courses and practice mediation services with an experienced mediator.
Basic Mediation Training
Mediation training courses will teach their students conflict resolution techniques and overview the court process for dispute resolution. These training programs will ensure that civil mediators have the substantive training to maintain a general civil listing and understand the judicial system. The Kentucky Administrative Office requires that mediators complete 40 hours of mediation training before they are approved.
Experience in Mediation
In addition to the core mediation training, mediators will need to practice mediation with an experienced mediator in the area that they would like to participate in. This is particularly important for family law cases, especially because some disputes may be court-ordered cases that will need to be resolved effectively.
The First Step: Approved Mediation Training Program
In the general mediation training courses, participants will learn the following necessary skills and ideas to mediate civil disputes as court-approved mediators.
An Intro to Alternative Dispute Resolution and Conflict Resolution Theory
The first necessary skill for mediation is an understanding of conflict resolution and how it relates to mediation. Conflict resolution theory is the idea that disputes can be resolved without litigation. The theory looks at the motivating factor behind the conflict and aims to address the dispute without escalating it further. This theory can be helpful for new mediators because it emphasizes the importance of finding common ground over finding out who is right or wrong.
Mediation Theory
Next, new mediators need to learn about mediation theory. Mediation training will often cover the theory of dispute resolution through mediation and how mediation works. It will outline the laws governing mediation and explore the implications behind these laws. Important issues that mediators will need to learn in basic training are why neutrality is important, what neutrality looks like, and the importance of impartiality and independence as well.
It also includes an analysis of conflict resolution through mediation and the importance of focusing on collaboration and the interest of both parties. This includes a comparison of the legal system and litigation through the local courts. While each circuit court or district court will have its own procedures, the overlapping issues with litigation in the judicial district or the superior court can demonstrate why the mediation process is vital.
Finally, mediation training will discuss which areas of law may be best suited for mediation. A county court may see agricultural mediation as vital due to the overwhelming agricultural issues in the local court. Others may rely on the court roster to resolve family disputes. Regardless, mediators need to understand why mediation works for certain disputes to carry out the Supreme Court’s Commission through the training program.
Stages of the Mediation Process
In mediation training, students will likely learn about the stages of the mediation process. This includes how the parties choose to participate in mediation, how to choose a participating mediator, and how the mediator will run the mediation. The steps of the mediation process include gathering information and getting to know the parties, gathering the parties for the mediation, giving an opening statement that outlines the rules and procedures for the process, listening to the parties present their outline of the case, working with the parties to approach a solution that can work for all the parties, and reaching an agreement between the parties.
Necessary Skills
Additionally, the training program will help a mediator learn and practice the skills needed by mediators. This includes negotiation skills, interactive listening, and communication skills that will help the parties approach a mediated agreement successfully.
Communication skills are important to mediators because they are vital to ensuring that the parties are listening and speaking effectively. Necessary communication skills are active listening, neutral language, and identifying barriers to good communication such as power imbalance or cultural implications. By learning these communication skills, a mediation training program helps prepare the mediator for the process
In addition to learning these skills, the participants will also practice them in mock mediation exercises. This practice allows the mediator to identify and address issues when they arise within the confines of a mediation. Without this practice, a mediator will only have abstract knowledge of these skills and not be sure how to access and use them effectively.
Working with Attorneys
Another necessary skill that mediators will need to learn is how to work with attorneys. Many parties that they work with will be represented by a practicing attorney, especially if the case is working its way through the circuit courts. Working with attorneys can be difficult, especially if the mediator themselves does not practice law within the local court. Learning how to interact with and acknowledge and use attorneys for the benefit of the parties can ensure that the impact the attorneys have on the case is positive.
Additionally, working well with attorneys will allow the mediator to build their network and expand their business. This is particularly important for new mediators hoping to build up their book outside of the court-ordered or sanctioned mediations that they will work with on the court-connected mediator list. Learning how to work with attorneys effectively will help to build this business.
Family Mediator Training Requirements
For those hoping to practice family mediation, other requirements will need to be met in the training program that the mediator chooses. Because family law and family mediation deal with domestic relations and the disputes that arise because of them, Kentucky will also require the participants to learn about issues that relate directly to family disputes.
Psychological Aspects
Because family mediation often deals with divorce and separation, a family law mediation training program needs to address the psychological aspects that the parties may face as a result of the decisions that they make in the mediation. This can apply to the parties to the mediation and the children that may be affected by the decisions. Understanding these impacts can help the mediator ensure that the implications are addressed.
Another important psychological aspect of family mediation practice is the psychology between the parties. Many types of relationships may be present, but the way that the parties interact with each other can impact the way the mediation pans out. Understanding this psychological aspect can be key to actively mediating the issue.
Domestic Violence
Another important aspect of family law is domestic violence. This aspect can be present in many disputes, and the mediator will need to identify when domestic violence is present and address it appropriately, often meaning that mediation can be difficult or impossible with the power imbalance that exists.
This aspect will also include child abuse training, which ensures that mediators can spot and address child abuse when it is present. This can impose certain restrictions on the mediation and the outcome that can result.
Substance Abuse
Another important in domestic relations is substance abuse. Recognizing the implications that it can have on the other aspects of the family dispute. When substance abuse such as drug or alcohol abuse is present, it can affect custody and domestic violence issues. Knowing this will help a mediator address it when necessary.
Financial and Property Implications
Divorce also requires knowledge of the financial and property implications of the divorce. The couple will need to make financial and property decisions, so the mediator must understand how this will impact each person.
Mediation Practice
In addition to mediation training, mediators should work with experienced mediators to gain practice in disputes that they would like to mediate professionally. In Kentucky, family mediators will need to complete 15 total hours of mediation on at least three separate cases with experienced mediators to ensure that they understand how to mediate family law disputes effectively.
If a person is looking to get experience, they may want to join a list of volunteer mediators to get the training and experience that they would like to have or need to have. This can help them be assigned to cases and gain approved training at a low cost.
Other Requirements
In addition to completing the requirements above, the mediators will need to continue learning through continuing mediation education or continuing legal education. These seminars will ensure that mediators stay at the top of their game and learn about new theories and skills that can be helpful in their practice and to their clients.
If you are looking to become a mediator in Kentucky or in any other state, check out the meditation training offered by ADR Times and Edwards Mediation.
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