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Nevada's Mediation Law

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1. What is your opinion in the confidentiality versus good-faith requirement controversy as it applies in Nevada?

2. What is the status of mediator qualification in Nevada?

3. Is there one statute or regulation that covers all mediators, or are different specialties required to meet different qualification standards? Does Nevada describe explicit requirements or defer to a professional organization to set standards? Do court mediators have one set of qualifications and private mediators have another?

4. Choose one kind of mediator qualification law within Nevada and look at the standards in detail. Does the law require a particular professional background; for example, do the mediators have to be lawyers, therapists, or social workers? What is the nature and scope of any required mediation-specific training or education? Are prospective mediators required to apprentice a mentor and, if so, for how long? Are qualified mediators required to fulfill mediation-specific continuing education requirements? If so, what are the requirements?

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The solution discusses Nevada's mediation law.

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1. What is your opinion in the confidentiality versus good-faith requirement controversy as it applies in Nevada?

My opinion, in accordance with experienced mediators, regarding the good-faith requirement as it applies in Nevada is that it is problematic. This is because in mediation requiring a good-faith requirement challenges the theory of mediation as a voluntary process while also placing an unreasonable objective upon those responsible for determining if a party is acting in good faith. This attempt at assessing a party's intent is dangerously close to attempting to judge a person's motives. Value judgments, bias, and politics can easily corrupt this process. Within Nevada law a sizable gap between the legality of what would be suffice for a party to be deemed to have shown good faith and the level of authentic participation necessary for an agreement to originate exists.

http://www.northtexasnegotiations.com/a-critical-analysis-of-the-nevada-foreclosure-mediation-program/

2. What is the status of mediator qualification in Nevada?

In Nevada each separate court has the autonomy to develop its own mediator qualifications. ...

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