Mediation In The United States

Note the differences between the legal definition of civil mediation in the United States and mediation in other countries. Compared with the situation elsewhere, mediation appears more “professionalized” in the United States, where State laws regarding the use of lawyers as opposed to mediators may differ widely.

Within the United States, the laws governing mediation vary greatly on a state-by-state basis. Some states have fairly sophisticated laws concerning mediation, including clear expectations for certification, ethical standards, and protections preserving the confidential nature of mediation by ensuring that mediators need not testify in a case they’ve worked on.

However, even in states that have such developed laws around mediation, that law only relates to mediators working within the court system. Community and commercial mediators practising outside the court system may very well not have these same sorts of legal protections.