The horrors of war and genocide are virtually unimaginable to those of us who live far from the front lines and fault lines of violence and conflict.

To bring the tragedy of real-world genocide to the attention of the world and to encourage activism to stop the crisis in Darfur, a group of University Southern California students have created Darfur Is Dying, a project sponsored by mtvU and by the Reebok Human Rights Foundation.

This extraordinary online simulation has been designed to raise the consciousness of players about the realities of human suffering and the tragic consequences of violent conflict. Players are encouraged to spread the game virally by emailing it to their friends to encourage them to experience it for themselves.

For an online audio interview with the game’s creator, which aired yesterday on NPR, click here.

Technorati tags: virtual worlds, Culture and Society, Internet, online dispute resolution, conflict resolution

I receive phone calls and emails almost daily from people exploring careers in the mediation field.

Although I have written several articles in the past which have discussed the training necessary to prepare for a career in mediation, explained the significance of certification for our field, and also suggested steps to transition from training to career, I thought it would be helpful to develop a list of FAQ’s, together with my answers, which refines and brings all of this information together in a single article for those who want to succeed in building a career as a mediator.A couple of points before I start.

First, I recognize that other mediators may have different ideas and recommendations. Therefore, I welcome mediators to join the discussion and share with readers what’s worked for them in building a career. Comments are most definitely welcome, as they are for all the articles I publish here.

Secondly, the information I offer here concerns training and careers here in the U.S. only, since this is where I live and practice. I know very little about standards for mediation practice outside this country and consequently have no authority to describe them or provide information about them. Readers, if you’ve written an article about mediation training and careers, in say, England or New Zealand or Bulgaria or India or somewhere else in the world, please feel free to link to it in the comments section below.

Therefore, with no further ado, here are the 5 FAQ’s:

1. How can I get licensed or certified as a mediator?

To answer this question properly, I need to give you the big-picture perspective on a still-evolving profession.

Mediation is a field that has grown and evolved rapidly in recent years. As its influence and availability have increased, and as public awareness and acceptance of mediation services have spread, the mediation field has given rise to numerous models and theories of practice, a vast body of scholarship, together with ethical standards, laws, and well-established best practices to guide mediator conduct.

At the same time, this relatively new field continues to define itself. At the time I write this, no state in the U.S. has established a formal licensing or certification process for mediators. So, unlike other professions–medicine, law, education, social work, psychology, just to name a few–to date there exists no uniform regulatory scheme in the U.S. governing the private practice of mediation.

A few state courts, however, do certify mediators who receive referrals from or provide services to court-connected mediation programs. These mediators must fulfill certain standards, including the completion of a specified number of hours of mediation training, in order to qualify for certification.

Some professional associations for mediators also provide certification for certain classes of its members, but not in conjunction with or under the aegis of any state agency or body. In addition, some private training organizations offer what they describe as “certification training” which should not be confused with certification by a state court or other governmental body. Please be sure to ask what “certification” signifies and what it qualifies you for before registering for any training program.

For further information about certification, including some common misconceptions, please read “Getting it straight: understanding mediator certification“, an article published earlier here at Online Guide to Mediation.

2. What kind of training or education do I need to become a mediator?

Training.

First, please begin by reading the answer to Question 1, above, “How can I get licensed or certified as a mediator?”

A number of state courts have implemented qualifications standards, including training requirements, for mediators receiving referrals from courts or providing services in court-connected dispute resolution programs.

These standards vary widely from state to state. However, 40 hours of mediation training have emerged as a widely accepted standard nationwide.

For example, in Massachusetts, where I both live and work, a state law protecting the confidentiality of mediation specifies a minimum of 30 hours of training for mediators (Massachusetts General Laws Chapter 233, § 23C). The Massachusetts Supreme Judicial Court Guidelines for Implementation of Qualifications Standards for Neutrals , which spell out requirements for mediators in court-connected dispute resolution programs, require a minimum of 30 hours of mediation training, with 36 to 40 hours recommended.

For a list of the requirements for each of the 50 states, see “State Mediator Rosters and Qualifications” prepared by the Institute of Government, College of Professional Studies at the University of Arkansas at Little Rock. A number of state courts, incidentally, provide information online for people interested in becoming mediators. These include Virginia and Florida.

So, where do you find training? Training is available through private training organizations and community mediation programs, as well as through continuing education programs at colleges and universities. Visit the web site for professional associations for mediators, such as the Association for Conflict Resolution, to find a chapter in your area, which in turn will help you connect with chapter leaders who can assist you further.

Before you enroll in any mediation training program, please be aware that not all mediation training programs are worth your time or money. Since training is the first step toward a successful career in mediation, perform due diligence in selecting a training program. Please read my article, “What to look for in a basic mediation training“, as well as the excellent “Mediation Training Consumer Guide” from the Ohio Commission on Dispute Resolution & Conflict Management for tips on choosing a mediation training program and ideas on where to find training.

There are also basic and advanced trainings geared towards preparing mediators for work in specific practice areas such as family and divorce or workplace. These trainings not only cover mediation theory and skills but provide material and information necessary for understanding the issues and challenges unique to these practice specialties.

Finally, please visit this post I published in January on “Getting it straight: understanding mediator certification” and scroll down to the section captioned “One last caveat” for my two cents on online correspondence courses in mediation. (My advice? Don’t waste your money.)

Education.

There is also a growing movement aimed at encouraging those who are interested in becoming mediators to pursue education in the field. College, university and law degree or certificate programs in dispute resolution and mediation abound and provide a richer and more comprehensive immersion in mediation, negotiation and conflict resolution theory and practice than any 40-hour mediation training program can possibly provide. These include:

• Woodbury College Mediation and Conflict Management Master’s and Certificate Programs
• Pepperdine University Straus Institute for Dispute Resolution Academic Programs
• University of Massachusetts, Boston, Graduate Programs in Dispute Resolution
• Hamline University School of Law Dispute Resolution Institute
• University of Missouri-Columbia School of Law Master of Laws in Dispute Resolution

A list of additional programs in the U.S., Canada, and elsewhere around the world may be found here at the Peacemakers Trust web site.

I often recommend that people take a mediation training first, only because it represents a smaller financial investment than a higher education degree or certificate program, and it’s a good way to learn whether mediation is a good fit for you or not. Training is a low-risk way to assess your aptitude for conflict resolution. And the benefits are great, since mediation training provides skills easily transportable into any setting, professional or personal.

3. If mediation training is not required for private mediation practice, why should I bother to take a training?

Training gives you a number of advantages. First of all, a good mediation training will provide you with a theoretical framework to lend structure and context to your practice and promotes the development of core competencies. Mediation trainings introduce students to basic theories of conflict resolution and negotiation, skills and techniques for facilitating joint problem solving, and standards of practice and professional ethics–all of which form a necessary foundation for mediator effectiveness.

In addition, completing a mediation training or a degree program in conflict resolution is a step towards building professional credibility. Although we’re not there yet by any means, I can see the day when training will be required of even mediators in private practice; it makes sense now to get ahead of the curve.

Finally, training can lead to opportunities to mediate–real-world experience–since a number of organizations which provide training also oversee mediation programs or panels which students who successfully complete training may be eligible to join. And training will introduce you to your first professional network–both fellow students and the trainers.

4. Do I have to be a lawyer or have a law degree to become a mediator?

Although a small number of court-connected mediation programs permit only attorneys to serve as neutrals, the answer is a resounding no.

However, it is important to be aware that mediators who are not attorneys may be limited in the kinds of services they can perform for clients and need to be careful to avoid engaging in the unauthorized practice of law. (”Unauthorized practice of law” refers to the provision by a layperson of services an attorney uniquely provides. It can also refer to an attorney admitted in one jurisdiction providing legal services in a jurisdiction to which he or she has not been admitted.) In Connecticut, for example, a mediator who is not admitted to the Connecticut bar may assist a divorcing couple negotiate and reach decisions regarding parenting plans and the division of property and debt but is prohibited from drafting a separation agreement for them.

5. Once I complete my training, how do I get a job and get paid?

Be realistic. Although there are a seemingly infinite number of disputes, there are more and more mediators that you’ll be competing against. It takes time to build a successful mediation practice, and it won’t happen overnight. There are steps you can take to increase your chances of success, but there are no guarantees. Starting a mediation practice is like building any business. You need ambition, creativity, determination, talent, a business plan, a marketing strategy, and a certain measure of luck.

Practice, practice, practice. Taking a training or earning a degree is only a first step. You need experience in order to build a successful career. The best place to gain experience is by starting with the program that trained you. Find out from your trainers what opportunities are available and how to find them. Typically many mediators begin by volunteering their time in small claims or community mediation programs–all great learning laboratories for putting your training into practice. If possible, seek mentoring from more experienced practitioners and ask to observe them at work.

Keep your day job. Your current position counts in several ways. First of all, it’s a source of financial support, stability, and ready-made contacts. Begin by offering mediation to your clients or customers in addition to your existing services. It’s a way of testing the waters safely with relatively little risk. Second, the profession you’re in right now is a good source for referrals and an ideal place to begin networking. Third, you are more likely to succeed if you provide dispute resolution services in a field you know well, since prospective clients will view you as someone who understands their needs. Disputes abound in every field, whether health care, business, digital technology, environmental, education, labor, public sector, the law. Leverage your expertise to build a successful career.

Get connected. Join professional associations for mediators to get to know and make friends with other dispute resolution professionals. Other mediators are not only potential referral sources but your peers are invaluable resources to turn to as you wrestle with ethical dilemmas or other challenges in your practice. Not only should you join professional associations for mediators, but join associations for your profession of origin, your local chamber of commerce, or other civic, religious, political, or professional organization to cultivate and build your referral network. View every meeting, every introduction to someone new, as an opportunity to educate people about mediation and what mediation can do to help them solve their problems.

Keep learning. It’s called the practice of mediation for a reason–you never stop learning. Continuing education can increase your effectiveness and can open up new doors. It never hurts to get better at what you do.

Technorati tags: mediation, mediation training, mediator certification

On Friday, June 16, from 8:30 a.m. – 4:00 p.m., I’ll be teaming up with two New England area mediators–Ericka Gray and Melinda Gehris–pooling our combined four-plus decades of experience to teach Strategic Marketing and Business Planning for Mediators.

This full-day program, held at the Boston University Corporate Education Center in Tyngsboro, Massachusetts, covers what a mediator wants to know (but is afraid to ask) about building smart and effective business and marketing plans. The program fee, $175, gives participants tools, techniques, and strategies, plus the chance to pick the brains of not just one but three established practitioners. Beverages, a tasty lunch, and a morning and afternoon snack are included in the cost.

Ericka B. Gray, founder and president of DisputEd, has been a mediator since 1985. She was director of professional services and regional training coordinator for Endispute/JAMS, and served as the Executive Director of the Academy of Family Mediators. Currently serving on the MA Trial Court’s Standing Committee on Dispute Resolution, she teaches Mediation at Boston College and Suffolk University Law Schools. A licensed psychologist, Ericka holds advanced practitioner member status in both the Workplace and Family Sections of the Association for Conflict Resolution.

Melinda is a shareholder of Devine, Millimet, and an ADR professional for over 10 years, concentrating her practice in dispute resolution and insurance coverage. In the area of dispute resolution, Melinda serves as a neutral in evaluation, mediation and arbitration for litigants and private parties in disputes between businesses, individuals, family members and divorcing spouses. She also counsels businesses and individuals regarding insurance needs and available coverage, and represents insurers and businesses in dispute resolution.

Click here for a downloadable brochure, or, to register online, visit DisputEd.com.

Because of ongoing problems with Bloglet, the email subscription service for this blog which provides readers with notification whenever I add a new post, I have switched over to Feedblitz, a similar service with a far better track record for reliability.

Those of you who had subscribed through Bloglet need do nothing; your subscription has automatically been transferred to Feedblitz.

You may want to adjust your junk or spam filters to allow emails from Feedblitz so you continue to receive my updates.

In the meantime, please be patient as I work out the kinks with the new subscription service. One issue I have already identified is that the subscriptions for the handful of people who had subscribed anonymously through Bloglet could not be transferred. My apologies for any inconvenience.

Rest assured that your subscription information will remain private–I do not share, sell, or trade subscription information with anyone. Ever. (After all, I’m a mediator. Confidentiality is important to me. And I hate spam as much as you do.)

If you’re not currently subscribing but would like to, please see the subscription feature at the top of my sidebar at the right—all you have to do is add your email address and click on “Subscribe me!”.

Thanks as always for stopping by–it’s a pleasure to welcome back regular readers and to meet new visitors to this blog. Comments, questions, or feedback are encouraged–or just say hi and let me know you were here.

Tovia Smith, a correspondent with National Public Radio, has contacted me to ask for assistance with the following query:

I’m hoping you may be able to help me. I’m looking for someone who is using virtual visitation to stay connected to a child who’s moved away and for logistical reasons, I need one of the parties– parent or child– to be near the boston area.

If any of my readers can help, you can contact her by email or by phone at 617.460.7000. (For more information about virtual visitation, please visit this post from March.)

Ben “Travelin’ Man” Cowgill gets behind the wheel at Blawg Review, the weekly carnival of the best in law blogging hosted each week at a different blog.

Ben hits the highway on an all-day road trip that won’t end until the gas gauge hits empty (or, actually, 5:55 p.m. EDT tonight).

You can hitch a ride here.

Today the American Bar Association celebrates Law Day, a public education initiative to raise awareness of the meaning and import of law, liberty, and justice in a democratic society.

The ABA provides a list of talking points for discussion which include not only such topics as separation of powers, judicial independence, and the contributions of the legal profession, but also mediation as an alternative to court.

Technorati tags: Law, Lawyers, Mediation

Technorati tags: mediation, mediation quotes