Former Chief Justice Warren E. Burger of the United States Supreme Court, once opined,
that “for many [civil] claims, trial by adversarial contest must go the way of ancient trial by
battle and blood. . . .”1 Indeed, his forecast has become a reality in the Twenty-First Century.
United States Chief Magistrate Paul Zoss, stated that
Civil trials in the federal courts in Iowa are disappearing. That is a
statistical fact. Most cases that previously were tried are now
settled with the aid of mediation.2
United States district Judge, John A. Jarvey observed:
Mediation took Iowa by storm for several reasons. First, while
courts were loath to sponsor settlement conferences until the eve of
trial, mediation is now conducted earlier and often prior to filing.
Second, the process typically takes from four to six hours and
facilitates more rapid exchange of proposals. Third, people are
naturally attracted to a process that gives them more control over
the outcome of the dispute. Finally, compared to the jury trial,
mediation is extremely inexpensive.
With this augmenting trend, the need for trained mediators is ever-increasing. The
question is how can one get into the practice of mediation and build a livelihood?3