Staying Sharp: Why Continuing Education Matters for Mediators

By Raymond L. Niblock

One of the questions lawyers should ask when selecting a mediator is a simple one: How does this person stay current?

Mediation is not practiced in a vacuum. The law changes. Trial strategies evolve. New appellate decisions reshape risks. Jury attitudes shift. Settlement dynamics change. A mediator who handled a hundred cases ten years ago but has stopped learning may not be as effective as one who remains actively engaged with the profession.

For that reason, I believe mediators have an obligation to remain students of the law and of dispute resolution. In my own practice, I focus primarily on tort litigation, wrongful death, probate disputes, general civil litigation, and domestic matters. Staying current and fluent in those areas requires more than simply reading the occasional case or drawing from years of experience. It requires continuing legal education, participation in professional organizations, and regular interaction with the lawyers who are actually trying cases.

For lawyer-mediators, there is also value in maintaining an active trial practice. Standing before judges, taking depositions, arguing motions, and preparing cases for trial helps keep our skills sharp and our perspective grounded in the realities lawyers and clients face every day.

That is one reason I make a point of participating in bar activities and educational programs. This week, I will attend the Annual Meeting of the Arkansas Bar Association in Hot Springs.

The Arkansas Bar Association hosts its 128th Annual Bar Convention this year in Hot Springs, June 10-12.

Later this summer, I plan to attend the annual meeting of the New Mexico Bar Association. These events are more than networking opportunities. They are opportunities to learn, exchange ideas, discuss emerging trends, and remain connected to the profession we serve.

Preparation does not begin on the morning of a mediation. It is a continuous process. The best mediators are lifelong learners who remain engaged with both the law and the lawyers who practice it.

Our clients and the parties who trust us to help them resolve their disputes deserve nothing less.