The minimum qualifications to be a mediator in Texas is 40 hours of classroom training. For those mediating disputes relating to the parent-child relationship, one is required to take an additional 24 hours of training in the fields of family dynamics, child development, family law and family violence. A judge may appoint a person to be a mediator who has not undergone the minimum training, if that person has the training and experience to handle the particular case. This is most often done in the appointment of a former judge to be a mediator.
There are various credentialing associations that certify mediators who have undergone additional training and have conducted a minimum number of mediations.
There are more than a thousand mediators in Texas who have gone through the minimum training. Many are attorneys, but this is not a requirement. Mediators have a wide range of experience. Some do this on a volunteer basis, some on an occasional or part time basis, and several hundred for whom it is their full time practice.
When the court orders a case to go to mediation, the attorneys for the parties will discuss the mediators they have had experience with and come to an agreed person to use. If the attorneys cannot agree, the parties will ask the judge to make the selection.
If you are a party in litigation, the most important qualification for a mediator is that the person chosen has extensive experience in the type of case you are involved with. If you are involved in business litigation it would be advantageous for the mediator, in addition to having handled a large number of business case mediations, to be an attorney that has a business practice, and has an accounting background. For a personal injury case, it would be beneficial if the prospect has a background as a personal injury or insurance defense counsel who has tried a number of cases. For high dollar cases, with complex legal issues, it might be best to select a former judge. Each case requires different areas of expertise. If you are a litigant and your case is going to mediation, it is important to discuss with your attorney, the type of person you want to mediate your case with.
Mediations can be either half-day or full-day affairs. For relatively small cases, parties may choose a half-day mediation which might run 3 to 4 hours. More complex or large money cases will require a full day. Mediators charge each party for their services. Typically for civil, non-family law litigation, the fees run a minimum of $1,000 per party for a full day and depending on the experience and reputation of the mediator, can be substantially more than that.
For more information concerning the mediation process contact the Law Office of Elliott Klein, LLC.