Kategorie: Für Anwälte

Being a licensed attorney does not, on its own, qualify that attorney to accept court-appointed mediations in Texas. Under the state’s Alternative Dispute Resolution Act, a court can appoint a mediator only after the person completes 40 classroom hours of dispute-resolution training — the same requirement for a new law graduate and a thirty-year litigator. The courses in this collection meet that standard. The Conflict Management Institute builds mediation training for attorneys around what a working lawyer needs: the 40-hour qualification, continuing legal education credit, and settlement skills that carry straight into practice.

Do Texas attorneys need mediation training to mediate?

The statute is short and specific. To be appointed as an impartial third party, a person must have completed at least 40 classroom hours of training in dispute-resolution techniques. Being admitted to the bar does not waive it.

Two things sit outside the training itself. The appointing court still decides whom it appoints, and §154.052 carries its own exceptions in subsections (b) and (c). Chapter 154 should be read directly; no summary, including this one, is a substitute.

What this means in practice: the certificate is the entry ticket; the appointment is a separate decision the court makes.

How much continuing-education credit does the course award?

This is the point attorneys most often get wrong, because the numbers look similar but measure different things. Here is how they break down.

These are four separate accreditations, calculated four different ways. The identical five-day course yields 36.00 hours in Texas and 44.00 credits in Oklahoma because each state defines a credit hour differently — Texas uses a 60-minute hour, Oklahoma a 50-minute hour, and neither counts breaks, meals, or administrative time. In both states, the ethics hours are part of the total shown, not added on top of it.

For scale: an active Texas attorney must complete 15.00 CLE hours a year, including 3.00 in ethics. The course’s 36.00 hours cover more than a full compliance year, and its 3.25 ethics hours satisfy that year’s ethics minimum.

Accredited totals can change per cycle. The current Texas MCLE and Oklahoma CLE figures on the course page are the ones to rely on before registering or reporting credit.

What does the Texas 40-Hour training cover?

It runs live and online over five consecutive days — a synchronous Zoom cohort, cameras on, with real-time instruction and feedback. There is no pre-recorded or on-demand version, and no outside homework is required to finish: the full 40 hours happen in the live sessions. Because the value is in the practice, participants rotate through the roles of mediator and disputant in scenarios drawn from Texas civil work — personal injury, commercial, construction, employment, and probate disputes.

The course meets across five consecutive days — a full week to clear before enrolling.

How does mediation training help a legal practice?

Concretely, the training builds:

• Interest-based negotiation. Separating what a party says they want from why they want it, and settling cases that looked stuck on position alone.
• Caucus technique. Using private sessions to move a party without tipping either side’s hand.
• Enforceable drafting. Turning a hallway handshake into a Mediated Settlement Agreement (MSA) — a written, signed agreement — with terms that will not unravel later.
• De-escalation. Keeping a heated room productive so the deal does not die over tone.

For firms that want the capability in-house — partners who serve as neutrals, or a standard settlement approach across the practice — the Conflict Management Institute also runs corporate and firm training built to the same standard.

Does a Texas certificate transfer to other states?

A certificate that qualifies a mediator in one state does not automatically carry over to the next. The rules differ by statute, by court rule, and by whether the state keeps a closed roster. The state-by-state guide to mediator requirements by state covers each jurisdiction; how to become a mediator in Texas covers the Texas pathway in full.

Confirmation of state rules comes before enrollment.

Frequently asked questions

Is mediation training required for an attorney who is already licensed?

Yes. Texas §154.052 requires 40 classroom hours of dispute-resolution training to qualify for court appointment as a mediator, and a law license does not waive that requirement. The 40-hour course is the standard route for attorneys seeking court-referred or private mediation work.

How many CLE hours does the course earn?

In Texas, 36.00 total MCLE hours, including 3.25 ethics hours. In Oklahoma, 44.00 total MCLE credits, including 4.00 ethics credits. In both states, the ethics hours are part of the total shown, not added on top of it.

Why is it called a “40-Hour” course if Texas grants 36 hours?

“40-Hour Basic Mediation Training” is the qualifying standard set by statute and by TMCA, and it is the same program for everyone. Each state, though, calculates CLE from actual instructional time using its own credit-hour definition: Texas a 60-minute hour, Oklahoma a 50-minute hour, with breaks and meals excluded. The training is identical; only the credit math differs.

Does the course meet a Texas attorney’s MCLE requirement?

Yes. The 36.00 accredited hours apply toward the annual Texas MCLE obligation, and the 3.25 ethics hours satisfy the ethics and professional-responsibility portion of that requirement — enough to cover a full compliance year, ethics included.

Does the course meet an Oklahoma attorney’s MCLE requirement?

Yes. The 44.00 credits apply toward the Oklahoma MCLE obligation, with 4.00 credits in legal ethics and professional responsibility. Because the award exceeds a single year’s requirement, excess credit may be eligible for carryover under current Oklahoma Bar rules.

How is attendance reported, and how is credit claimed?

In Texas, each cohort receives a State Bar of Texas course number printed on the certificate; attendees can self-report in about a minute, or the Conflict Management Institute can submit attendance to the State Bar directly. In Oklahoma, the Institute reports attendance to the Oklahoma MCLE Commission within 30 days, and each participant also receives a certificate of completion.

Can attorneys licensed outside Texas and Oklahoma still earn CLE credit?

The course is directly accredited in Texas and Oklahoma. Many other states grant credit for an out-of-state ADR or mediation program, some automatically through reciprocity and others through a brief attorney self-application. The Conflict Management Institute provides a certificate of completion and the full timed agenda to support any application. Where home-state credit is essential, confirming with the home-state MCLE authority before enrolling is the safe course.

Does the course qualify an attorney for court-appointed mediations in Texas?

It meets the 40 classroom-hour training standard in §154.052 that a mediator must satisfy before a court may appoint them. The appointing court still decides whom it appoints, and the statute has exceptions in subsections (b) and (c); Chapter 154 should be read directly before any summary is relied on.

Is the course useful for attorneys who do not plan to serve as mediators?

Yes. Attorneys who represent clients in mediation gain directly from understanding the process from the neutral’s chair: how a mediator moves parties, why caucuses work, and how settlement agreements are structured. Many take the course purely to become more effective advocates in mediation and settlement.

What is a Mediated Settlement Agreement?

A Mediated Settlement Agreement (MSA) is the written, signed agreement that records what the parties settle on in mediation. In Texas, an MSA that meets certain formal requirements can be binding and difficult to revoke, which is why drafting it correctly matters. The course walks through those requirements.