Mediation Works: Try Mediation

Q: My wife and I want to use mediation for our divorce but are very confused about how to find one that is qualified. What credentials should we look for?  

A: Find an experienced family/divorce mediator with a legal background. Mediation is not simply process driven, it is also subject driven – in particular, in divorce and family mediation the mediation takes place in the context of very specific laws on the subjects of custody, visitation, child support, spousal support and property division.
 
Unfortunately, many states offer a certification process that is minimal at best and does not require any legal training. The resulting certification gives the newly certified mediator a false sense of competency to mediate the complex issues of divorce and gives the public a false sense of comfort that the “certified” mediator is “qualified.” I have actually heard some state certified mediators take the position that if they are unclear about a subject area, they just won’t address it in mediation, which could unknowingly do irreparable damage to both parties.

I would advise you to seek an attorney-mediator who regularly mediates divorce and family issues, preferably full-time. Under the guidance of an attorney-mediator and with his or her knowledge of the law you and your wife will be able to reach a mutually acceptable, thorough, comprehensive, clear and unambiguous agreement that will also meet the basic legal requirements such a document requires.

Philip Mulford operates Mulford Mediation, a full-time professional mediation firm. His writes a regular column called "Mediation Works," for divorce360. He has more than 18 years of experience in mediating divorce, separation, child custory and other issues with divorce. He can be reached at pmulford@rcn.com.