So, You Want to be a Mediator?

I find myself regularly asked “what do I need to do to become a mediator?” While I do not pretend to have all of the answers, here are a few suggestions.

Identify Types of Mediation Practice That Interest You

First, it likely makes sense to identify the types of mediation that attract you. The development path for each practice area is somewhat different. Each practice area will have its own “culture,” “network” and “process” for getting cases to mediate. Here are some of the types of mediation:

Identify Web Resources

Having identified a few “niche” areas that you desire to practice in, the next thing to do is to read more about those areas of practice on the web (information is freely and immediately available). For example, you may want to do a text search on any of the terms above at the top of any page of www.Mediate.com (See “Text Search”).

Also note that Mediate.com offers 20 Sections at www.mediate.com/Sections and a “Topic Search” with 50 Topics also at the top of every page of Mediate.com.

Also be sure to visit CRInfo which also offers excellent search systems. Also see the Association for Conflict Resolution and the American Bar Association Section for Dispute Resolution. A general list of international, national and state organizations is available at www.mediate.com/organizations. For a collection of forms and resources, see The Oregon Mediation Center’s general mediation resources and divorce mediation resources.

The best centers for online dispute resolution are ODR News and the Center for Information Technology and Dispute Resolution.

Take A Mediator to Lunch

Another great way of introducing yourself to mediation is to find mediators who are already doing the type of mediation work that you desire and doing it well. One way to find mediators is with the Locate A Mediator Directory. Take a couple of established mediators to lunch and ask them about the “mediation culture” that they work in. What is the network and system that creates cases? How do mediators get established in their niche? Who decides which mediators are selected? Talk to established mediators and see how they have become successful.

If possible, see if you can talk your way into observing a mediation or two (this will require confidentiality agreements with clients). Some community programs and internships build observation right into their training package.

Learn and Network at Trainings and Conferences

You will want to get at least one, preferably more, 30-40 hour comprehensive mediation training. You really want an A-Z overview of the world of mediation, as well as the opportunity to try this mediation thing on for size (role play). The reality is that, if you are turned on to mediation, this will just be the beginning of your training. You will want more, really as much as you can get. There are many ways to mediate. Learning from a variety of capable practitioners and trainers is smart. There is no single recipe for success. In fact, one could argue that it is the mediator’s flexibility that is most connected to success, rather than any magical formula.

Conferences are a good opportunity to get a relatively quick overview of the field, or portions of it, and to take a variety of workshops with leading trainers. If you like someone, you can track them down and see what other training they offer. Among the leading conferences are the Association for Conflict Resolution Conference (next conference is October 2003 in Orlando) and the American Bar Association Section for Dispute Resolution Conference (next conference is March 2004 in New York City). There are also a wide range of state and regional conferences. See www.mediate.com/calendar for a good listing of conferences and trainings.

When considering basic mediation training, be sure to do some homework on the training requirements in the state(s) where you want to practice. Training requirements vary from place to place and also change over time. There may be a number of public sector panels in a state that may have different training and experience requirements. You can research training requirements for a state at Google (www.google.com) or at www.ADRworld.com (subscription fee, but you can join for 2 weeks for free). You might also consider contacting a practitioner in your desired practice area (as described above) and pick their brain about the various panels and requirements in your area.

The odds are that you are going to conclude that you need a 30 or 40 hour basic mediation training to get started. A number of leading training organizations are listed at www.mediate.com/training. Also ask established mediators who they think the best trainers are.

Academic Programs are listed at www.mediate.com/training/acad.cfm. Among the leading Academic Programs are the Straus Institute for Dispute Resolution, the Harvard Program on Negotiation, and the University of Missouri-Columbia Center for the Study of Dispute Resolution.

In the divorce mediation area, there are standards for approved family mediation trainings at www.acresolution.org. If you are going to work in the divorce area, you want to get an Association for Conflict Resolution (ACR) approved divorce mediation training. Most states have mimicked those 40-hour requirements. Also see the Association of Family & Conciliation Courts for conference and training opportunities.

If you are thinking about getting started with voluntary community mediation (a common way to get a few cases under your belt and to help out), be sure to see the National Association for Community Mediation. There is a good list of community programs at the NAFCM site. If you have interest in commercial and civil mediation, visit the International Academy of Mediators and the American College of Civil Trial Mediators.

Read a Few Books

In terms of establishing a practice, you may want to read Peter Lovenheim’s book Becoming a Mediator: An Insider’s Guide to Exploring Careers in Mediation. Another good resource is Woody Mosten’s Mediation Career Guide. An an overall text, consider Chris Moore’s The Mediation Process. There are many excellent books and resources in the field. The leading publisher is Jossey Bass. Also take a look at the Program on Negotiation Clearinghouse.

What Will You Conclude?

Odds are that you will conclude that this mediation stuff is really interesting. What is also true is that the standards (usually minimum training and experience) for entering the field are relatively low, maybe too low. As the barriers to entry into the field of mediation are relatively low, this tends to mean that there are plenty of “wannabe” mediators. Those that are successful in moving from wannabes to successful practicing mediators tend to be those that do not need to rely on mediation income immediately. It is perhaps best to think of your growth as a mediator in incremental terms, most likely over 1-3 years. There is little reason to delay getting going, and it is lots of fun along the way. What is also true is that “success” will not come over night, but rather over time. Your ability to steadily grow your mediation practice will be the key to your survival and success.

Ultimately, getting cases is a matter of reputation. You want to build your reputation as a capable mediation practitioner by participating in quality training, networking with colleagues, networking in your chosen niche areas of practice and by steadily informing your marketplace of your availability and of the quality of your work.

The Internet has dramatically changed how mediators spread word of their existence and special qualities. Mediators need and are well served by web sites to assist in the convenient distribution of comprehensive information. While the qualification requirements for mediators vary, one thing that is constant is that mediators have an ethical duty to disclose to parties whatever qualifications you think you have.

Surely, clients and referral sources compare mediator web sites in deciding what mediator to work with. It is important that you as a mediator do well in that comparison. In fact, your web site will likely become a metaphor for your developing practice. In the moment, you may not have a whole lot to put up on your web site to convince disputants to choose you to work with. That is, however, exactly your task: developing a presentation (both physical and online) of yourself that has disputants and referral sources saying: “This mediator looks good, let’s go with them . . .” It is when awareness of you as a competent mediator and a ripe case intersect that magic (paying work) happens.

So, it is a journey and there is much terrain to cover. While not necessarily providing much of a detailed roadmap, I am thinking that perhaps this article is helpful as a “fly by” providing orientation to the terrain ahead. At this point, it is almost surely the case that the best thing you can do is to pursue one or more comprehensive mediation training opportunities where you can further the general guidance offered here. Go for it and I hope to see you down the road and online!

Biography

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Joel ,   Oakland CA	06/23/09
I want to become a mediator
I have been practicing litigator for about 7 years. I was involved in a mediation recently and found it fascinating. I would like to start and need to know the nuts and bolts in how to start. I'd greatly appreciate any assistance. Add New Comment

ash patel,   sioux falls SD	ash_3642@hotmail.com      04/24/08
i donlt know where to start. i like to become a mediator / contract nego. because i have been dealing too many contracts /disputs /nego/ purchase and sold business in my business life since 1988. i have bought and sold more then 20 business. too many land /lease/ purchase/sold contracts and paperwork etc. can somebody tell me where to start from here? 605-521-1717 Add New Comment

Robyn  ,   New Orleans la	rflanery@cox.net      09/28/07
real estate mediation
Thank you for your informative article. I am currently a hearing examiner (mediator) for orleans parish tax assessment appeals. I have more than 15 years experience in both commercial and residential real estate, with dual licensure in Louisiana and Texas. I am enjoying this process, dealing with both tax assessors and appellants. I would like to know if my experience is enough to further my career in this field as either a mediator or consultant in real estate? Would it benefit me to simply connect myself with more lawfirms here and nationally? I just want a bit of input on getting additional work like this. Best Regards, Robyn Flanery Add New Comment

Rudy  Gutierrez,   Corpus Christi TX	Rgutie3689@yahoo.com      07/04/07
Becoming a Mediator
On December of 2006 I recieved my certificate of paralegal specializing in Civil Litigation. I do have experience in representing Federal Employees in Arbitration, MSPB, Unfair Labor Practices, and other areas that deal with Federal Labor Laws.I was a union representative for over 5 years. My latest case was a victorious one against the Office Of Personnel Management in Washington D.C. where I was able to have a formal Government Employee reinstated with back pay for an alleged charge of collusion. I have experience in negotiations to settle disputes. I would like to know how I can become a Mediator. Please provide me with relevant information so that I may proceed with possibly a new part-time career in mediation. Respectfully submitted, Rudy Gutierrez Add New Comment

Justin Kram,   Paris	justinkram@earthlink.net      12/30/04
Curious about the mediation
I don't know where to begin, really. I'm a recent graduate from an Ivy League school. I majored in Comparative Literature, but didn't really feel passionate at any point about that decision. I am now in France teaching children English and feverishly trying to piece together my interests so as to have a better idea about career moves. "Mediation" is one of the first careers I have read about that really jumps out at me, though I am sure I still know very little about it. Thanks so much for the suggested resources, I would love to hear about potential internship or work experience opportunities as well. I am thinking more and more that after a year or two of experience I will then apply to law school. Add New Comment

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