Tuesday, May 15, 2018

Certified as SC Civil Court Mediator

A few weeks back, I took the Civil Court Mediation Training course offered by the South Carolina Bar.  I have known about this course for some time, and I have been trying to take it for many years.  However, something always seemed to come up.  As context, this is a 40 hour course that basically runs from a Thursday morning to the following Monday, from about 8:30 a.m. to 5:30 p.m. each day.  So, it is tough to coordinate it sometimes with (a) a week where you have other things going on at work, and (b) a weekend where your family may have things going on.  However, the stars finally aligned this year, and I was able to complete the course.

It was extremely worthwhile and not what I expected.  I knew that -- because of the duration -- it was going to be a "deep dive" into conflict resolution and negotiation theory/practice.  I figured there would be some human behavior and psychology sprinkled in.  However, let's be honest: if this was 40 hours of lecture on those topics, it would cease being interesting at some point and become a "snoozer." 

Instead, the course did a great job of mixing theory, practice, and a lot of role play in the mediation process.  Each participant had an opportunity to play the role of a mediator in various scenarios, and it was a great opportunity to apply what was learned during the discussion portions of the training.

I also learned that participating in a ton of mediations as counsel for a party does not automatically equate to being a good mediator.  The training really illustrated the differences in being an advocate versus being a neutral, which is the role of a mediator.  The training will obviously affect how I serve as a mediator in cases (once I get an opportunity to mediate some cases), but I think it will also impact how I represent clients at mediation.  I think having insight into the role and tactics of a mediator will be valuable when I am wearing my "advocate" hat because I have a better idea of how the mediator is approaching the case to try and foster a resolution.

After completing the training, I submitted my application to be a certified as a Civil Court Mediator, and I received my certificate today!  I look forward to developing mediation as an area of practice in the future.  I also intend to check out any articles that may be out there that deal with any specific issues/nuances for mediating the products liability case.

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