Mediators/Arbitrators is law school a must?

[CAMBRIDGEGIRL]

I am a public servant with a PhD, no LLB. I’m looking to switch careers to mediation, but I’m at a loss on how to begin. Does one need law school for this? Would an LLM suffice? Thank you in advance for any insight you may have. I really want to switch careers, but at mid 30’s, it seems daunting to think of law school at this point, but I will if I have to.

[GoBigOrGoHome]

I am not a mediator or arbitrator but I have looked into this and have remained engaged in various mediation and arbitration groups. The response will vary considerably and it depends on what area of law you are hoping to adjudicate or what types of things you are going to mediate. 

I am only familiar with the BC landscape so keep that in mind. 

Here is some information: 

• you don't need to go to law school to be a child protection mediator (there are so many that are not)
  • I think that the same applies for the family law mediation
• Most Residential Tenancy Branch arbitrators have not been to law school
• You can get your arbitration qualification by taking a course and completing an exam that is the ADR institute of Canada certified 
• There is at least one labour law arbitrator out there that I know in BC that hasn't gone to law school but they are the exception. I can't think of any others 
  • Unless you are arbitrating for a government agency, you will need to sell yourself to whatever market you are hoping to arbitrate in. They will typically want confidence that you have a grasp of the subject matter. I would say that generally, legal concepts about administrative fairness and other things can be easily learned but industry expertise may require immersion 

You don't need to do an LLB either. 

In BC, you can take mediation courses through the Justice Institute of BC. They lead to a certification that is recognized by many groups and in some cases may be part of a set of required courses. 

If you are in BC, the Future Skills Grant exists right now. Google it immediately and sign up for the JIBC courses ASAP. It is not income-tested. Many of them are likely online so you can attend from wherever.

I would suggest joining your Provincial CBA and attending respective section meetings. There are alternative dispute resolution sections that exist. I somehow ended up joining one for a smaller region, and those people are way friendlier than Vancouverites (I am not comparing them to the legal community who has been super friendly - but generally Vancouver people. Small town people are a different breed).

[Lawstudents20202020]

Mediators are not a regulated profession, so no you do not need to go to school to be one. That being said, mediation is often the territory of experienced lawyers, at least when you are mediating disputes with lawyers involved. Most lawyers put a lot of thought into their choice of mediator and they usually want someone that both knows the law and has practical experience in the area, which means they look to experienced lawyers and retired judges.

So yes, no reason you need to law school to hang a shingle, but you need to ask yourself what kind of business you want to attract and whether your current reputation allows for that. It also means that just going to law school won't be enough to get business from lawyers on complex files.

There are mediators without backgrounds as lawyers, or ones that left the profession early one. I would recommend you reach out to those people directly and see if they are willing to chat about their experiences.