What You Need To Know Before Calling A Notary Public

Often the question arises, "What does a notary public do?" The answer to that depends on the state you live in, and can even vary county by county. While a notary only notarizes signatures, there are other functions they may perform as well. For example, a notary is automatically licensed to conduct marriage ceremonies in three states, and can apply for temporary authority to conduct marriages in others.

For the most part, a simple definition is that a Notary Public is a person who is appointed or commissioned to administer oaths and acknowledge that the signatures on documents belong to the people signing. When acknowledging a document, the notary public is stating that he or she has satisfactorily ascertained the identity of the signer with legal documentation, and that the documents were either signed in their presence or the signer has sworn that the signature was their own.

Since legal documents are commonly notarized, legal assistants, paralegals, or attorneys are often appointed as a notaries. However, being employed in the legal field is not a prerequisite to becoming a notary and there are many classes available, both online and in person that will teach a person how to carry out the duties of a notary public, and will prepare them to take the state exam.

In California, where I practice, the notary is confirmed in their role by the Secretary of State. In other states, such as Florida, Minnesota, and South Carolina, notaries are actually appointed by the governor, or in the case of New Jersey, a notary public is commissioned by the State Treasurer. Conduct an online search for your state and you will easily find out who supervises the notary process for your state. The length of time that a notary commission or appointment is valid varies by state, but typically they range from 4 to 10 years in most cases.

By and large, notaries are not allowed to give legal advice, make recommendations regarding contracts, or explain to a person how their signing of a document affects them. The notary public is simply there to ensure that the person named in the document is the one who is signing. Anything that goes beyond that could be grounds for the notary having their commission suspended or even revoked.

Tools of the Trade

The toolbox that a notary uses to fulfill their duties is very simple. Every notary has an official seal that is used to "stamp" documents. The seal includes the name of the notary, state and county where they are authorized to notarize, and the date their commission expires. Additionally, each notary must keep an official journal where they record the type of documents they notarized, the location where the signing occurred, and to record signatures as proof of the signers' identity. In many states a notary will also take a thumb print from the signer and place it next to their journal entry.

Types of Mediators to Select From

When consideration mediation, one should consider the type of mediator he or she desire. Additionally, the type and style the mediator normally used during the process should match the personality of the disputing parties. In this regard, there are three basic types of mediators to select from. They are the social network type, the authoritative type, and the independent type mediators. Additionally, one should be careful in making a selection by doing some research if that opportunity is available.

The social network mediator is normally an elder from a town or village. This person could also be a highly respected community leader or tribal chief. There is also the possibility for a clergy person to fit this role. This type of mediator is normally concerned with the future outlook of maintaining the long-term relationship of the parties. One must take into consideration, that if in the minds of the disputing parties the mediator is one who will be neutral, then the mediator is a neutral party. The parties actually select this mediator because they really feel that the mediator can and will be fair.

The next type of mediator is the authoritative mediator. This type of mediator may bring a certain type of behavioral mannerism to the mediation session. He or she is normally well-respected, in the upper ranks of management, and has managerial authority whereby a decision can be made. Additionally, this mediator has influence over the parties and can enforce the agreement once one is drafted. This mediator is capable of disciplining the parties if a decision is not made. He or she also has influence over the outcome. This type of mediator normally work in the same environment or place of employment with the parties; he or she may be the president of a corporation where the parties are employed.

The third type of mediator is the independent type mediator. This mediator is the furthest removed from the situation. Furthermore, he or she will also have the furthest form of neutrality and impartiality from the disputing parties in terms of distancing. This person has no ties with anyone or any organization. This individual mediator has no stake in the outcome; however, he or she is still very much engaged in the negotiation process with the parties to obtain an agreement.

These are the basic three types of mediator to select from. Once again, conducting the applicable research to select the best type to match one's personality to achieve the most effective and efficient outcome is best.