Thursday, October 16, 2008

A bogus mediator?

From the "truth is stranger than fiction department," the Arizona Republic reports that a man who posed as a lawyer and mediator was convicted of 23 counts of theft and one count of fraud.  The story can be found here.  

The individual had been disbarred by the states of Vermont and Maine.  He moved to Arizona, set up an office called "Divorce with Dignity" and apparently held himself out as a mediator and "legal-document preparer".  

It turns out he dated at least one client during that client's divorce proceeding, filed frivolous lawsuits against that client's husband, and seems to have charged clients a lot of money.  One client reported paying the mediator $87,000.00 in one year (must have been a heck of a divorce!).  

Sentencing will take place on November 21.  

This raises a good question.  How do you know that the mediator you have hired is "legitimate?"  I think what got this person in trouble is that he was holding himself out to be an attorney and associated with a law firm when he wasn't.  There are a number of mediator credentialing organizations out there (here's the website for the Texas Mediator Credentialing Association).  But those are voluntary and I know some mediators who do not want to join such an organization simply for cost-based purposes.  So how do you know? 

For those in Texas, I'd offer these suggestions.  The concepts may be applicable in other states as well:
  1. If the person mentions or suggest they are a lawyer, check with the State Bar of Texas, on its website, to see if the person is in good standing.  
  2. Ask if the person has taken the 40 hour mediation course established by the state legislature as part of the Texas Civil Practice & Remedies Code.  This course is not required to call oneself a mediator, but it is required for court-appointed mediations.
  3. Ask in the community--your friends especially--if they used the person.  Try to get a recommendation, in other words.
  4. Google the person's name.  It's amazing what you can find out.
In the end, I suppose it's difficult for us to know whether those we deal with are really who they say they are.  How do we know that the plumber, roofing contractor, minister, accountant, or doctor have the credentials that they claim?  

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