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Lawyers Oppose Mediation Rule Change, Call for Rejection

Daily Business Review

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Lawyers, including ex-judges, call for the rejection of a proposed rule for mediator certification.

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  • Claude Ducloux, Austin Texas

    When our Supreme Court had a task force over (well over 10 years ago) on Court-annexed mediation, this exact argument came up. The Mediators from the cities where judges appointed the mediators wanted strict licensing standards to preserve their monopolies. The rest of us said, "It should be the marketplace who decides who are the best mediators, not the judges who want to give their friends work." Not only that, most of us felt if the parties both trusted a non-lawyer with relevant expertise to mediate for them, that should be FINE! How bad can a non-certified mediator screw it up? Poison cookies at the break? Jeez. Mediation works best with skilled intermediaries, regardless of race, color, creed, judicial appointment or self-created credentials hanging on the wall.

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