mediationADR.net: Mediation as a Career

Emerging Profession
Mediation is an emerging profession. It is emerging 1) in the public's perception and 2) as a profession and a practice. Both of these are related to each other. If the public is not aware of mediation they will not seek out practitioners to help resolve their disputes.

Public Awareness
Unlike some of the other professions such as medicine or accounting, mediation is not generally understood or recognized as a profession by the public. Although people have heard the word, mediation, they normally think of in limited settings such as the shuttle diplomacy in international conflicts or something that takes place between sports figures and their teams. Employment mediation is more identifiable because of news stories about mediators who are called in to help resolve a dispute between management and labor.

Mediation or Arbitration? Most people have no awareness of the distinction between mediation and arbitration. Mediation is a process of communication in which persons with a dispute, assisted by a mediator, reach an agreement, understanding, or reconciliation. Mediators are facilitators, that is they are there to assist disputants who will make their own decisions about resolution of their conflict. They attempt to be impartial and are ethically bound not to impose an outcome or decision on the parties. Arbitration involves decision making by a person who hears both sides and makes a decision about the disposition or resolution of the dispute. Disputants may or may not be bound by that decision. The arbitrator is a decision-maker; the mediator is not.

The mediation profession has a huge challenge to help the public become more aware of what their practice is and how it can be useful in the resolution of conflicts. So far, there has been no concerted effort at a national level nor in many locales to publicize mediation.

You can see from the above quote that much is involved in the formation and maintenance of a profession. All of the above except the last clause are fairly well developed in mediation. The Association for Conflict Resolution (ACR) is the national organization that is working toward making mediation a profession in every way. Its local chapters provide ways mediators can stay in contact with each other and find out what is going on in the profession. The ACR web address is: www.acrnet.org

Practice of Mediation
Mediation has been practiced for centuries, but has emerged as a recognizable profession fairly recently. The the typical North American pattern is for two or more disputants who, voluntarily or by court order, seek out a mediator, schedule a mediation, and sit down at a table with a mediator who listens, clarifies, and helps the parties negotiate and solve their problem. Mediators may be in private practice and charge by the hour, half-day or full day. Or they may work with an agency or institution on a voluntary basis. This is an oversimplification of the settings in which mediation can take place and is intended only to give you an impression of widespread practices.

Private Mediation
Individuals who have a private practice of mediation work in a variety of settings. They may be mediators who are also attorneys or paralegals working in a law office, using law office conference rooms. Mediators come form a variety of backgrounds such as mental health, business, federal employment, criminal justice, church, and many others including being a parent and homemaker. Private practitioners may be working out of an office or building shared by others such as counselors, accountants, etc. Others may simply rent hotel or other commercial space as the mediation venue. The mediator pays various expenses including such things as refreshments, lunch, and copying, phone, and fax facilities.

Success as a Private Mediator: Being successful as a private mediator is a real challenge. Just like the other professions, one must build a practice. That means getting a lot of training and experience, networking, and proactive marketing. Whether a mediator gets chosen will largely depend on reputation, success, experience, and skill. It is also a matter of relationships. Referrals come from others such as judges, attorneys, mental health professionals, business leaders, etc. who know the mediator, his or her skills and track record. Because many mediations are court-ordered, mediators who are also attorneys have an advantage because they already have relationships with other attorneys and judges who are familiar with them, their skills and background and are in a position to give the mediators referrals.

Some mediators will join with other mediators in a joint practice. This enables them to market themselves as possessing a variety of backgrounds and skills to match the individual needs of potential clients. It also gives them the prestige, power, and resources of an organization. Other advantages are the sharing of experiences, knowledge, feedback and support among the individuals in the organization.

"Can I get a job as a mediator?"
If by that question you mean that you will be able to go to a company or organization and "starting work" in a nine-to five job after your training, the quick answer is probably no. One reason is the need for impartiality of the mediator. If one is attempting to mediate within a company while in its employ, there may be problems of bias due to the fact that the individual is being paid and employed by the owners or managers of the company. In a dispute between a worker and management, for example, a mediator who is part of the staff may be seen by the worker as biased because the bosses are paying his or her salary and the mediator might be fired if the outcome is not beneficial to them. Impartiality is one of the main ethical considerations mediators must be aware of, especially when they are receiving compensation for their services.

"What can I get paid?"
This is a difficult if not an impossible question to answer. What mediators get paid depends on several factors: their experience and reputation, the varying abilities of parties to pay, what the market will bear, the mediators' values and goals, their ability to market themselves, and the demand for mediation in the community. There are thousands of individuals who have received basic mediation training and who present themselves in the marketplace as mediators. They may, in fact, be fine mediators. Some people, because of their prior experience in related fields and/or because of their personalities and communication abilities, can be effective mediators without a lot of training and experience, however, these individuals are in the minority. Mediation is a practice, it is a profession, and one's skill is enhanced by good training and education as well as experience. Much of this experience can be gained by volunteering with local community mediation agencies. Providing and getting experience is not easy because it involves coordination, support, and significant human and financial resources of the community agency or organization. Some institutions or training entities also have practicum courses or other practical experiences either directly through their institution or through collaborative relationships with community mediation centers.

Community Mediation
Community mediation can be carried out in a multiplicity of settings, from peer mediation in schools, to church mediation, to non-profit mediation centers. Many students of mediation use the skills they acquire in mediation courses to help resolve conflicts in families, businesses, churches, and organizations The opportunities for conflict resolution and mediation in communities is as endless as the conflicts that occur there. There are so many people who have disputes who are not aware that mediation even exists.

There are many opportunities for mediators to practice their profession for the improvement of society and for a better quality of life in their communities.

But don't be discouraged.
Because there are so many conflicts and disputes in our communities, the opportunities for mediation are great. It is up to every mediator to increase public awareness of mediation, what it is, and its usefulness. Mediators can do this can do this by promoting and explaining mediation to groups in the community, schools and colleges, churches, businesses, municipalities, and voluntary associations. Opportunities for informing the individuals about mediation are innumerable -- at the checkout stand in the supermarket, in games with friends, at dinner, at the bus stop.

There is a place for low-to-moderately priced mediations. Some people might not be able to afford $1000 to $3,000 per day for mediation, but they can pay $50 to $100. If businesses knew how much they could save in time and money through mediation, they would be clamoring for mediation services and would be willing to pay well for skilled mediators. Working out issues of impartiality is a challenge, but it can be done. Mediators simply have to use their imaginations.

Mediation As a Career Enhancer
Mediation training will be helpful to someone whether or not they set up a practice. Potential employers look more favorably on applicants who have mediation training and are comfortable with conflict and with resolving conflict. In addition, this training enhances one's ability to get raises and promotions. If someone is interested in being a manager or supervisor, mediation training provides invaluable knowledge for resolving disputes and dealing effectively with conflict, using it as an advantage rather than a detriment for the organization.

El Centro College Training
You can get a good start on your training as a professional mediator at El Centro College. On this website you can find information about the courses and workshops we provide. Some potential students seem to be concerned about the quality of instruction at El Centro because they have seen that private training entities charge as much as $800 for the basic 40 hour course. El Centro College can afford to charge only $90-$150 per course because we are a state-supported institution. Thanks to the tax payers of Dallas County and the State of Texas, we can provide educational opportunities to many people who would not otherwise be able to afford it.

Quality of Instruction: The basic mediator training and the family training required of mediators by the State of Texas for court-appointed mediation meet the requirements of the Texas Mediation Training Roundtable (TMTR), the only statewide that has established standards for this training. The organization is highly regarded by judges, attorneys, legislators, and other leaders in the state. The Director of the El Centro College Mediation and Conflict Resolution Program is on the Council of TMTR and has created its website, TMTR.org. The instructors of courses at El Centro College are experienced mediators and trainers and hold to high standards training excellence.