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Why Use a Certified Mediator?

Choosing a professional mediator for civil cases can be a force multiplier. The process of selecting a civil mediator requires diligence and your undivided attention during the research process, as this is someone who is going to represent you for a particular need or service. There are many factors to consider when working with a professional mediator. When doing research, you need to ensure that this person has received the necessary qualifications and case experience, in order to accurately represent you. Here at Schuering Mediation, we understand the impact of having a professional on your side during these civil cases. Let’s take a closer look at the qualities of a professional mediator and how it can increase the rates of success for your civil cases.

The Importance of Certification in Mediation Services

Mediation professions are regulated by the states and every state has its own set of requirements. Mediation has grown into a recognized profession in its own right, which makes the credentials and experience that much more significant. Completing a training program indicates that a mediator has received education from a sponsored organization. Obtaining certification is a way of demonstrating competence and quality assurance. 

Many mediators will need to complete 40 hours of thorough coursework. Typically speaking, newer mediators will role play and train with high-end mediators. The National Judicial College offers a 5 day, 40-hour course, which doesn’t include the preparation needed before and after the class. Advanced training will depend on the standards that your state is imposing. For instance, greater training is required for those who wish to mediate familial disputes, as opposed to civil disputes. You can read more about the mediator qualifications for every state by clicking here. 

Mediation in Civil Cases

In civil lawsuits, parties are suing other parties for money, such as personal injury, for example. With that being said, any type of civil case can be mediated, as long as both parties agree to the terms for mediation. Mediations for civil cases will occur if the court system doesn’t have the means to host a trial for the civil case, the parties can achieve better results in mediation, or people are more satisfied with the resolutions of mediation. 

Each party will provide information to the mediator prior to the session so that the mediator can prepare themselves for your case. The process can be flexible, and an initial session can be held with the parties and their lawyers to ensure that everyone is on the same page. In other cases, the mediator can meet with each side confidentially, regardless of how these conversations are facilitated, it will go on for as long as needed until an agreement is reached. Once an agreement has been reached, the mediator will put together an agreement that all parties need to sign before the formal process of mediation is over. The lawyers will prepare the final documents, and the settlement terms can be kept confidential if requested. 

Understanding The Types Of Mediation Services

It’s important to note that mediators will remain neutral and do not advocate for either side. The jury decides the facts, the judge determines the law. All legal advice will come from your attorney. Mediators are problem solvers and guide the parties in identifying their issues and coming to agreements that are in the best interest of everyone involved. 

The main types of mediation are as follows:

  • Facilitative Mediation: This type of mediation is somewhere in the middle, in terms of efficiency. In these scenarios, the mediator will control the procedures, but the involved parties will control the outcome. With this, comes more freedom to be creative with cases, which streamlines the process of reaching a settlement. All of this is achieved while establishing boundaries and procedures for the parties to abide by. Mediators act as facilitators in these roles, giving more agency to the parties.
  • Evaluative Mediation: Evaluative Mediation allows the appointed mediator to exude much control throughout the process of mediation. They vocalize the importance of the positions of the parties and their corresponding offers. These mediators will offer opinions based on the strengths and weaknesses of the parties and will oversee when/why they interact. Evaluative Mediation works well if there is an imbalance in the power dynamic within the meditation, for example, divorce mediation. The mediator will drive the conversation on important issues, addressing the needs of the parties. They also control the procedures and the final outcome of the mediation process. 
  • Transformative Mediation: One of the newest forms of mediation, Transformative Mediation will relinquish much of the control to the parties for both the procedure and outcome. It empowers the parties to reach an agreement. The role of the mediator is to call attention to the room in terms of interest, needs, values, and perceptions of the other party. The mediator is working to bridge the connection between both parties so that they can collaborate and find a middle ground. This solution will suffice for parties that are willing to work with one another.

Mediation Services IL

Now that you’ve gotten an education on the basics of mediation and how the processes work when in action, it’s time to make a decision. Schuering Mediation provides mediation services in IL and is committed to helping you achieve your goals, with approaches that can be modified to your liking. For more information on how to get started with a professional mediator, you can contact us today!

Contact Judge Mark A. Schuering (Ret.)

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