Comments on: Public licensing and regulation of mediators: the arguments for and against http://mediationchannel.com/2009/10/18/public-licensing-and-regulation-of-mediators-the-arguments-for-and-against/ News and ideas about mediation, negotiation, conflict resolution, and law Fri, 05 Mar 2010 18:15:37 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Diane Levin http://mediationchannel.com/2009/10/18/public-licensing-and-regulation-of-mediators-the-arguments-for-and-against/comment-page-1/#comment-1030 Diane Levin Fri, 06 Nov 2009 17:19:32 +0000 http://mediationchannel.com/?p=2438#comment-1030 Sarah, glad you liked the list. Thanks for letting me know! Sarah, glad you liked the list. Thanks for letting me know!

]]> By: Sarah Stanton http://mediationchannel.com/2009/10/18/public-licensing-and-regulation-of-mediators-the-arguments-for-and-against/comment-page-1/#comment-1028 Sarah Stanton Thu, 05 Nov 2009 18:52:39 +0000 http://mediationchannel.com/?p=2438#comment-1028 Superb list Diane. We all use mediation skills, to some degree, in our every day lives. So when would state licensing and regulation come in to play? Would I be regulated when I finish my mediator opening statement, when I charge for services, when I call it "mediation" rather than a facilitated discussion with the possibility of an agreement? In Virginia when I'm mediating for the courts, I need to be on their certified list. Rosters that vouch for achievement could be used more effectively, before credentialing would be necessary. I appreciate an open marketplace. I appreciate having AAA hotel ratings to help me make an informed decision. Rosters can help parties make an informed decision about who they use as a mediator. Rosters could assure quality through a "TripAdvisor-like" marketplace rating system while enabling mediators to market their services. If parties would rather use a local practitioner then they can make the educated decision. I certainly don't "Buy American" when it comes to cars, but I'm educated and make the conscious decision. Out-of-state practitioners should receive preference if they are better qualified or better skilled - that ensures our local practicioners don't receive unwarranted "tenure" simply because they live in a particular place. Thanks for capturing the arguments in such a comprehensive way. I would love to read additional comments to this blog. Superb list Diane. We all use mediation skills, to some degree, in our every day lives. So when would state licensing and regulation come in to play? Would I be regulated when I finish my mediator opening statement, when I charge for services, when I call it “mediation” rather than a facilitated discussion with the possibility of an agreement? In Virginia when I’m mediating for the courts, I need to be on their certified list. Rosters that vouch for achievement could be used more effectively, before credentialing would be necessary.
I appreciate an open marketplace. I appreciate having AAA hotel ratings to help me make an informed decision. Rosters can help parties make an informed decision about who they use as a mediator. Rosters could assure quality through a “TripAdvisor-like” marketplace rating system while enabling mediators to market their services. If parties would rather use a local practitioner then they can make the educated decision. I certainly don’t “Buy American” when it comes to cars, but I’m educated and make the conscious decision. Out-of-state practitioners should receive preference if they are better qualified or better skilled – that ensures our local practicioners don’t receive unwarranted “tenure” simply because they live in a particular place.
Thanks for capturing the arguments in such a comprehensive way. I would love to read additional comments to this blog.

]]> By: Diane Levin http://mediationchannel.com/2009/10/18/public-licensing-and-regulation-of-mediators-the-arguments-for-and-against/comment-page-1/#comment-1015 Diane Levin Sun, 18 Oct 2009 19:08:06 +0000 http://mediationchannel.com/?p=2438#comment-1015 Steve, excellent. Thanks for adding to this list. I am certain yours will be but the first of many. Okay, folks, bring it on! Steve, excellent. Thanks for adding to this list. I am certain yours will be but the first of many. Okay, folks, bring it on!

]]> By: Steve Mehta http://mediationchannel.com/2009/10/18/public-licensing-and-regulation-of-mediators-the-arguments-for-and-against/comment-page-1/#comment-1014 Steve Mehta Sun, 18 Oct 2009 18:24:09 +0000 http://mediationchannel.com/?p=2438#comment-1014 Add another on the against column: Government regulation would cost money on the budget -- money that most governments don't have right now. Also, there are enormous inefficiencies when the government gets involved. This is part of the argument against the "public option" for healthcare. Also, in many states where the government "regulates" professions such as doctors and lawyers, the government entity doesn't really help truly weed out the bad eggs. For example, would there be a Bar/Mediation Exam? Is there a required Residency Program (which has difficult luck even developing without regulations)? Moreover, often with the Bar and Medical Board, it is hard for the consumers to understand whether the person is a bad actor or not. For example, settlements for lawsuits are not public information; some forms of discipline in these agencies is often not reported; many complaints of unethical conduct are not investigated because of lack of resources. Add another on the against column: Government regulation would cost money on the budget — money that most governments don’t have right now.

Also, there are enormous inefficiencies when the government gets involved. This is part of the argument against the “public option” for healthcare. Also, in many states where the government “regulates” professions such as doctors and lawyers, the government entity doesn’t really help truly weed out the bad eggs. For example, would there be a Bar/Mediation Exam? Is there a required Residency Program (which has difficult luck even developing without regulations)? Moreover, often with the Bar and Medical Board, it is hard for the consumers to understand whether the person is a bad actor or not. For example, settlements for lawsuits are not public information; some forms of discipline in these agencies is often not reported; many complaints of unethical conduct are not investigated because of lack of resources.

]]>