Guest David B. River: What is the correlation of law to justice? Who is “authorized” to resolve disputes? — EngagingConflicts.com
A little bit about me (which sets the framework for future articles): I have been a full-time, non-attorney mediator for the past 11 years, first in school and community mediation at the non-profit New Mexico Center for Dispute Resolution and then as a private mediator, focusing primarily on divorce. Six years ago, when I moved out of the non-profit realm into Diane Neumann & Associates in Boston, I began to tackle how I might “professionalize” myself as a divorce mediator. The standard answer was to obtain a degree in either law or psychology/therapy. To explore the prospect of a law degree, I took the LSAT and interviewed attorneys and law students about what I might gain. What I found was very little in regards to my interest in conflict resolution. The legal system, after all, is based on the ability to build an argument. I respect that, but had spent my schooling, training and career thus far getting my brain beyond positional argumentation. In regards to the substantive legal issues of divorce, I was surprised to find out that most attorneys learn the law “on the court” and not in law school. In other words, it appeared that a law degree would be three years training my brain to think a particular way that I didn’t want to think.
So, I took the second route and entered an MSW program at Boston College. The information on human development and behavior was applicable, but the professional conversations had nothing to do with mediation – probably less than law school. After one semester (and with a 4.0 GPA mind you!), I left that program. Against all advice, I entered a Dispute Resolution Master’s program at UMass Boston. The caution: I would spend 2 years obtaining an unknown degree that would do little to increase my professional stature. However, every class and conversation met my interests – dispute resolution theory and ethics, the dynamics of public policy disputes and intervention, strategies for reconciliation after war – and I put my time and energy there.
In my private practice, without a J.D., I constantly walk the line of “unauthorized practice of law” and am aware that the mediation profession lacks solid ground. My professional unease gives rise to certain questions – some global and some specific:
- What is the correlation of law to justice? Who is “authorized” to resolve disputes?
- How does a lack of solid professional ground for mediators affect mediation ethics?
- How can the mediation field develop authority without being co-opted by established professions?
- Is a new form of legal training needed for mediators?
- How will the art and distinction of mediation be nurtured and grown without losing integrity?
Over the next few months, I’ll be posting entries to this blog in pursuit of these questions, and I look forward to the conversation that I hope it generates.
Best wishes,
David
