Be Sure Your Divorce Mediator Has a Law Degree. No Exceptions.
Not Having a Law Degree Should Be an Automatic Disqualifier
The task is to mediate a legal matter -- one as important and consequential as a family law dispute. It's unreasonable -- and, in truth, irresponsible -- to consider trying to lead that discussion without the benefit of three years of law school and the thousands of hours of instruction and study that went into that degree. Just as no one is allowed to practice medicine without a medical degree, no one should be allowed to practice mediation without a law degree. Until the law is changed to protect the public from underqualified mediators, mediation clients will have to do their own due diligence.
Matthew has reviewed many other local practitioners' websites. Not surprisingly, the one with the most errors was one of the few without a law degree. If you are getting a divorce and do not work in the field of family law, you may not know that information on a professional's website is incorrect. It is understandable to presume that someone who does this work full-time would post only accurate information. You could end up relying on false information. The false information posted by the other mediator will remain online until she/he takes it down. Until then, it will mislead most people who read it.
Matthew has reviewed many other local practitioners' websites. Not surprisingly, the one with the most errors was one of the few without a law degree. If you are getting a divorce and do not work in the field of family law, you may not know that information on a professional's website is incorrect. It is understandable to presume that someone who does this work full-time would post only accurate information. You could end up relying on false information. The false information posted by the other mediator will remain online until she/he takes it down. Until then, it will mislead most people who read it.
Recently, a local mediator without a law degree posted 17 legal questions and provided answers:
Of the 17 questions:
Of the 17 questions:
- Seven contained false information.
- Six more were at least misleading or confusing.
- Only four out of 17 were fully accurate.
Conflict Resolution Skills Alone Are Not Enough
Any skilled mediator can probably succeed at keeping most people calm and cordial, but that is insufficient. Staying calm, without more, does not resolve the issue. A divorce mediator also needs substantive knowledge of family law, fluency in the language of divorce finance, and an exhaustive list of parenting plan components. There are dozens – maybe more than 100 – big and small decisions that Matthew’s clients make with ease. Those decisions are made smoothly because Matthew's legal training has enabled him to know what to ask to broaden and deepen the agreement to make it work more effectively for the clients without taking much more of their time.
Further, the mediator must have intricate knowledge of legal writing to to tailor each provision to be both compliant with the clients’ wishes and legally enforceable. Deft drafting skills and the knowledge to think of a creative solution in the first place comes from years of formal education.
Simply put, if your mediator's skill set is deficient because the person lacks a degree in the specific field that matters to solve the problem you are paying significant money for that person to help you navigate, the scope of the options available to you and the effectiveness of the written product that emerges from your mediation will likely be limited as well. As you choose the person who will guide you through this important process, please consider requiring what the law currently does not: Your mediator should, without question, have a law degree.
Further, the mediator must have intricate knowledge of legal writing to to tailor each provision to be both compliant with the clients’ wishes and legally enforceable. Deft drafting skills and the knowledge to think of a creative solution in the first place comes from years of formal education.
Simply put, if your mediator's skill set is deficient because the person lacks a degree in the specific field that matters to solve the problem you are paying significant money for that person to help you navigate, the scope of the options available to you and the effectiveness of the written product that emerges from your mediation will likely be limited as well. As you choose the person who will guide you through this important process, please consider requiring what the law currently does not: Your mediator should, without question, have a law degree.
When you entrust your mediation matter to Matthew, you benefit from a a unique package of five related skills.