Mediator Qualification

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Submitted By bibis
Words 858
Pages 4
Mediator Qualification Paper
“Confidentiality in mediation is based upon a complex combination of constitutional rights including the First Amendment: free speech/the right of the public to know; the Fourth Amendment: the right to be left alone; the Fifth Amendment: granting protection from incriminating oneself; and the Fourteenth Amendment: liberty rights to make individual and family decisions. In addition, tort law protects parties from invasion of privacy by others.”(para.1 etc) Therefore my opinion on the confidentiality versus good-faith requirement controversy, which applies to Texas, has bitter sweet results. It seems that courts can use confidentiality and good faith when they find it appropriate to obtain what they want. Therefore to me it does not meet the confidentiality fundamental basics of the First, Fourth, and fifth Amendments. According to, “Texas courts of appeals have consistently held that orders to mediate in good faith are void in the face of the state’s confidentiality statutes.47 According to one Texas Court of Appeals: “While a court may compel parties to participate in mediation, it cannot compel the parties to negotiate in good faith or to settle their dispute,” and the ADR statutes require “that communications and records made in an ADR procedure remain confidential; consequently, the manner in which the participants negotiate should not be disclosed to the trial court” (para. 1 etc).
Is there one statute or regulation that covers all mediators, or are different specialties required to meet different qualification standards? Most of the mediators vary they can be as follows “Adoption, Americans with Disabilities Act ,Art Aviation Business Civil and etc.” (James Melamed, 2003). I guess it would just depend what kind of mediator you would want to be.

In Texas the standards are impartial which a mediator needs to make communication…...

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