What's new in alternative dispute resolution?

In alternative dispute resolution circles, more and more attention is being paid to the services provided by mediators as well as differing perspectives and philosophies underlying mediator styles and process choices. And in some provinces, as mediation grows in popularity or is made mandatory before proceeding in court, law societies have put mediators and mediator services under increasing scrutiny. For the legal profession, the question of what mediators are doing is even more closely examined when lawyers are mediating, and also requires a look at whether mediators, lawyers or not, are also engaged in the practice of law (the giving of legal advice) when they mediate. We may be lawyers who mediate, mediators who do law, or something in between or entirely apart from the law - in all cases, we need to consider the implications for quality dispute resolution practice standards and mediator credentials as well as for mediator ethics, mediator liability and insurance regulation issues. We also must consider how the varieties of mediator affect accessibility to justice and even costs, whether court, legal, or purely non-legal. Despite this, there is no agreement as to what mediation is or whether mediation is a profession, let alone as to who is qualified to mediate or what those qualifications should be, professional or not. While court-connected and mandatory mediation programs and services keep their own rosters and require their mediators and dispute resolution providers to have and maintain certain educational and training standards, the scary news is that mediation as a dispute resolution service is not otherwise regulated: anyone can call himself or herself a (private) mediator and hang up a shingle, ready for business, regardless of perspective, training, experience, or skill level. It is encouraging that a growing number of organizations - such as the Alberta Collaborative Family Law Association, the Alberta Family Mediation Society or Family Mediation Canada - also maintain rosters of mediators with at least a minimum standard of training and skill development at various local, provincial, and national levels. However, there is still no uniform educational or training standard for mediators to qualify for practice. The good news for the public is that there is a growing recognition that mediation is here to stay, and thus, we are starting to pay attention to who is doing what and whether they are qualified to do it. So, these days, the news is tha