By: Robojudge

Robojudge — Tue, 05 Sep 2006 21:52:00 +0000

Once during my private practice days, I billed a CPA friend for a legal service I rendered for one of his varied business interests. Because of our friendship, I provided him with a very generous discount.Several days later he called to talk about the bill. To my great surprise, he said, “If you don’t value your service, no one else will. I’m used to paying for the service I receive. You provided me an excellent product – now send me a real bill that reflects the quality of your work.”I respect the right of any mediator to proclaim their love for personal involvement in the resolution of disputes. It is, indeed, a noble calling. For those, however, who proclaim that their calling should be without compensation, my guess is that they are “mediation hobbyists.” Not that they aren’t committed to the nobility of their calling, but that they can afford a “no financial reward” attitude because they receive other compensation from their “real job.”However, in my opinion, by insisting that mediators, unlike all other professionals or service providers, should not be compensated trivializes the importance of the work of mediation. For those of us looking to make mediation a “real job,” my choice is to do the following – receive fair financial value for a fair service rendered, earn a living from some other source while “dabbling” in mediation, or win the lottery.But as mediation continues to grow, so will the professional demands. Ultimately the “dabblers” and “hobbyists” will find their own level of dispute resolution, while the professionals will be resolving disputes in another arena. If you consider yourself a professional in mediation, like my friend reminded me, “If you don’t value your service, no one else will either.” I choose to believe that there is great value in the service I deliver, and, like all professionals, I should be financially compensated for that effort. Like the compensation paid to religious leaders, doctors, educators, judges, elected leaders and many others, compensation does not take away from the nobility of the service delivered. But compensation does enable them to be fully committed to their unique calling.

By: Ken Rosenbaum

Ken Rosenbaum — Tue, 05 Sep 2006 17:43:00 +0000

Last July the Oregon Bar Bulletin ran a tribute to the late Sid Lezak, written by Susan M. Hammer. She wrote:”Sid likened the legal community’s perception of mediation during the ’80s to ‘visiting the sick’ — a nice thing to do but certainly nothing that one should be paid for. While Sid did more than his share of pro bono mediation, he strongly believed that mediation was a profession, if done by those with training and experience. His rule of thumb was, if the lawyers are compensated, so should the mediator. If the lawyers are volunteering their time, so should the mediator.”A fair rule, I think. Some judges seem to rely on retired bench and bar to serve as mediators pro bono. Success in law does not guarantee success in mediation. Speaking from experience, to be a good mediator a lawyer must put aside years of seeing cases in terms of rights and learn to see cases in terms of interests. Speaking from observation, many lawyers have trouble making that shift. (Lezak was a notable exception.)Hire a mediator. It’s worth it.

Comments on: Don't sell yourself short: why fair compensation should matter to mediators

By: Robojudge

By: Ken Rosenbaum