Certification and Standardization of Mediators Essay - 1

Certification and Standardization of Mediators - Essay Example Years later, California added child custody decisions to mediator responsibilities. â€Å"In 1980, California became the first state to mandate all parents with custody or visitation disputes to participate in family mediation prior to a court hearing† (Milner et al., 2004, p.5). By 2004, most states had mandates regarding family divorce disputes, and 38 states had mediation mandates where child custody issues occurred (Tondo, Coronel, & Drucker, 2001, as cited in Milner et al., 2004, p.5). Example One. One of the frontrunners and more controversial figures in divorce mediations was O.J. Coogler, an Atlanta lawyer and author of the book, Structured Mediation in Divorce Settlement (1978). This marriage and family litigator used labor negotiations and social sciences as a guide to build a framework for third-party mediators to use when assisting divorcing couples resolve issues such as property division, alimony, child visitation, and child custody (Milner et al., 2004). Despite establishing the Family Mediation Association (FMA), the bar association harshly rebuked Coogler. â€Å"The bar association declared mediation by non-lawyers to be the unauthorized practice of law and attempted to dissuade lawyers from mediating through the threat of ethical sanctions† (Silberman, 1988, as cited in Milner et al., 2004, p. 5). Example Two. Confidentiality is crucial in court proceedings. In a civil suit involving the still photography and filming of underage girls, the judge ordered mediation in an attempt to circumvent litigation (Zimmerman, 2009). However, the defendant did not take the mediation proceedings seriously. He appeared four hours late, dressed inappropriately, shouted profanities at the court, continually placed his dirty, bare feet on the plaintiff’s table, threatened the plaintiff’s lawyer, and then proceeded to breech confidentiality by telling