Instruction
Evaluate the efficacy of regulating mediators and the process of mediation for the public’s benefit. (CO 3, 4)
What is the value of a mediation agreement if it is broken?
Because the government does not regulate the process of mediation, bringing an agreement to court for legal enforcement against a party who has not upheld their side is not an easy task. In the event the system became more structured, mediation agreements could potentially include prescribed elements and disclosures which may result in more uniformity and aid in decreasing the ambiguity facing mediation and assist those in upholding the agreement.
A few questions you may ask yourself prior to attempting the assignment:
Would the mediation industry benefit from this type of regulation?Will a more regulated system limit the types of disputes or outcomes that may be achieved?Does regulated meditation alter the individual’s right to self-determine how they will engage a third party to help resolve a dispute?
For this assignment, please read:
Excerpts of the Uniform Law Commission (The National Conference of Commissioners on Uniform State Laws) Uniform Mediation Act (Links to an external site.)Links to an external site.:Final ActAct SummaryWhy States Should AdoptOpinion - Jerusalem Post (Links to an external site.)Links to an external site.
For this assignment, write a 1100 word (3-5-pages) paper that will discuss the pros and cons of uniform governmental regulation of the delivery and process of mediation, as well as regulating the mediators.
In your analysis of the impact of uniform governmental regulation on the mediation, be sure to address the following in your paper:
Pros and cons of the cost to government and to the publicPros and cons of a certification process to becoming a mediatorPros and cons of any impact this may have on the quick and efficient mediation services the which the public is familiar.