Recently, in an on-line mediator forum someone posted the following question. "I'm a lawyer with twenty-one years of experience in a variety of types of law. I'm thinking of shifting gears and mediation might be a great next step for me. Does anyone have any tips? How did you decide to become a mediator? What courses or training materials helped you? Did you have anything particular in your background that you found especially helpful? Any guidance appreciated."
A long dialogue between mediators ensued. I contributed four times to the discussion. Here's what I had to say:
Post #1. In my opinion, before you make any decisions there are some significant pieces of information you will need. First, does your state certify mediators? If so you will want to go to a training program approved by your local courts. Basically mediators fall into two categories - family/divorce and commercial/civil. While you may decide to be trained in both areas it is important - for marketing and other purposes - that you are clear on who you are (your brand) and what you are "selling." When you say "shift gears" I am assuming that you are talking about giving up the practice of law and become a full-time mediator. In order to make that happen you will need both mediation competence and good connections. Talk to some lawyers who have successfully made the transition and see what they say. I also suggest you read Tammy Lenski's book - "Making Mediation Your Day Job." Finally, if you decide that you will be a family/divorce mediator you will also want to decide if your target market is represented parties or pro-se couples. If you decide that you want to build a practice in the growing field of pro-se/pre-suit divorce mediation please consider attending my upcoming training - Friendly Divorce Mediation Training: Make Money, Make a Difference - www.FriendlyDivorceTraining.com. I wish you all the best in your new endeavor. Please feel free to contact me if you have any questions that I can answer for you.
Post #2. In the current economy it is wise to pursue multiple streams of income. Mediation can provide a steady income stream if you are committed to investing the time and effort necessary for building a business that provides a quality product. Mediators can use (a) court annexed programs to build connections and gain experience and (b) administrative agency cases to supplement a private practice. However, the mainstay of a mediation practice should be client elected cases in a niche market. Like all service businesses the mediator must actively market him/herself and offer clients real value.
Post #3. It just so happens that we are in the right place at the right time. The legal services industry is undergoing a huge shift and as mediators we can strategically position ourselves to benefit from the shift. Take a look at this article from the recent edition of the ABA Journal. http://www.abajournal.com/magazine/article/paradigm_shift Law Job Stagnation May Have Started Before the Recession—And It May Be a Sign of Lasting Change
Post #4. I agree with Sam about the challenges we face as a profession. Yes, we should have followed the social work model when training standards were created thirty years ago. And, we still have no national voice, lobbyist, or PR spokesperson. Oh well. We are a profession in its infancy. Twenty years from now this profession will look very different. (Just notice how many universities are now offering programs in mediation and conflict management.) Often people who take my 40-hour training do not get certified, never mediate a case, and still tell me that the training changed their lives because it changed the way they look at and handle conflict. Yes, Sam is correct; there are many mediocre mediators out there. (But, there are many mediocre lawyers, doctors, and waiters too.) The market has a way of sorting out the good from the bad. I do not like the 40-hour training concept. However, I know that the first 40-hours are just an intro. Those who want to really learn the craft need to keep current with continuing ed. But, on the flip side, since mediation is so much more of an art than a science, without some natural talent all the training in the world cannot make certain personality types masterful mediators. And, while competence is important, it’s not enough. I believe that building a mediation practice is all about marketing - which I define as the ability to convey a vision of how one's product/service can give the client/customer value. If you can do that you can succeed as a mediator or anything else.
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