Mediation quality assurance has been a ripe topic within the field for several decades. Different jurisdictions have offered a range of solutions; some, like Florida, narrowing the field to a select group, while other states opt for few restrictions and allow the market to control the field.

Like the majority of states, New York falls between these extremes. Volunteer mediators in community dispute resolution centers throughout the state must satisfy basic training and apprenticeships monitored by the centers and ultimately the New York Unified Court System Office of Alternative Dispute Resolution and Court Improvement Programs. These requirements establish a baseline understanding of mediation theory, process and hands-on experience, which offers a measure of consistency throughout the state.

In contrast, there are no minimum statutory requirements for New York mediators in private practice. The majority of private practitioners are dedicated professionals, endeavoring to deepen their skills through ongoing training, peer collaboration and other forms of professional development. However, in an unregulated market it is the mediation consumer who is at risk. Untrained or unethical mediators not only risk harm to individuals but also to the public’s perception of the field.

Future statutory minimums or licensure may address these concerns, but for the present it is the responsibility of the field to offer consumers clarity on quality. For almost ten years the New York State Dispute Resolution Association studied a variety of quality control issues. Based on research, statewide focus groups and scrutiny of quality assurance programs nationwide, NYSDRA is pursuing a multi-step certification for mediators.