An article in this week’s Massachusetts Lawyer’s Weekly asks, “Retiring judges have always flocked to ADR. But do they make the best neutrals?” While judges may make great arbitrators — a role which is essentially judging in a private forum — whether they make good mediators is a whole other story.

ADR legend Frank Sander, interviewed for the article, had the following observations:

“Arbitration is private judging, so I think it is very natural that judges would want to become arbitrators, and they generally do a good job,” says Frank E. Sander, a Harvard Law School professor who is considered a pioneer of ADR for his work studying the topic over the past three decades.

But mediation is a very different process, and Sander questions whether judges can step down from the bench and instantly be “competent [as] mediators without further training.”

“True mediation — and I don’t mean settlement activity by judges — is a complex process that requires very different qualities from judging because you’re looking for an accommodative resolution,” he says. “You’re not assessing fault; you’re trying to find a mutually acceptable resolution.”

If a lawyer is looking for a competent mediator, he should not assume that a judge is that person, maintains Sander. In fact, he says, “you should almost assume that a judge wouldn’t be good, though there are clear exceptions to that. … Mediation is a future-oriented process, and court and litigation are past-oriented processes.”

My friend Geoff Sharp, a New Zealand barrister and mediator, weighed in on this issue a year or so ago with “Great on paper, crap at the table“. Geoff linked to an article by mediator Jeff Kichaven, who recounts his experience at the 2006 American Bar Association Section on Dispute Resolution conference with a general counsel who didn’t seem to appreciate the difference between mediators and judges. Kichaven distinguishes the role of the judge from that of the mediator:

Critically, the skills of the professional mediator are completely different than the skills of a judge. The job of the judge is to judge others. The skills of a judge serve a system where juries of strangers follow preset rules and make decisions that are supposed to be consistent and predictable. Judges, therefore, master rules of evidence to restrict conversation and help juries reach these consistent, predictable results. Hearsay, relevance, opinion—these and other limiting rules focus the jury on legally-germane issues and consistent results. Skilled application of these rules is necessary for the professional judge.

Mediators are unshackled from that system. The job of the mediator is not to judge at all. The mediator’s job is to stay curious and leave decision-making to the parties themselves, based on their own standards. Results are individual, spontaneous, and sometimes quite unpredictable. So mediators and judges direct conversations differently. Good mediation technique helps parties gather and exchange whatever information is important to them. That information can address the emotional, financial, and other barriers to settlement. It can go far beyond the “relevant” and “admissible.” So, skill in applying the rules of evidence is not only unnecessary, it can be destructive. A different skill in guiding communication is required.

Kichaven then adds,

Being a good mediator, therefore, has very little to do with having been a good judge. Frankly, it also has very little to do with having been a good lawyer. Just as there are a lot of former judges who are lousy mediators, a lot of former lawyers stink at it too. Additionally, there are excellent mediators who never even went to law school, much less served on the bench. The quality of a mediator depends on the ability to take the litigating lawyers’ own evaluations of cases and test whether, in the eyes of the clients, those evaluations make sense logically, feel right emotionally, and seem doable practically. When those tests are met, cases will settle.

…

Some former judges have taken the training, gained the experience, and joined the mediation profession. Many others rest on their laurels, on the “weight of the robe” and the “force of the gavel,” and cannot go beyond the raw evaluations that good litigators already know. If all you are looking for is the ability to call back to a boss at the home office and say, “Judge X told us the case is worth Y dollars,” maybe you don’t need a professional mediator. But sophisticated users are left flat by this two-dimensional approach.

As someone who has trained a number of judges over the years to be mediators, I couldn’t agree more with both Sander and Kichaven. Just because you were a judge does not mean you’re going to be a great mediator.

Judges, far more so than others, struggle in mediation trainings to grasp the concepts and put a mediator’s skills into practice. That’s not surprising. With a lifetime of experience judging — and being good at it, too — it’s difficult for them to assume a wholly new and unfamiliar role.

Can a judge be a good mediator? With training, mentoring, talent, and aptitude, the answer is yes. But without training? No way. But this is true of anyone, not just judges. No one — and I mean no one — is automatically qualified to be a mediator by virtue of their profession of origin.

It’s official — successful professional mediator and ADR marketing coach Tammy Lenski has announced that her book, Making Mediation Your Day Job, is at last on online store bookshelves.

I’ve had a chance to read the book for myself. Here’s what I think:

Shakespeare once wrote, “This above all: to thine own self be true.” These words, written 400 years ago, resonate today. They do so especially for the many professional mediators who cringe at the very thought of marketing — with its associations with shameless self-promotion, glad-handing, and cold-calling. For many mediators, marketing just feels wrong.

Now, at long last, there’s a guidebook that achieves something no other mediation marketing resource has done. It helps mediators do the impossible: become more effective marketers and remain true to themselves and their work. Dr. Tammy Lenski, a mediator and mediation marketing coach who has run her own successful practice since 1997, has created Making Mediation Your Day Job, the definitive resource for mediators who want a realistic, practical blueprint for marketing their practice.

The clue to Dr. Lenski’s formula for success is in the second half of the title of the book: How to Market Your ADR Business Using Mediation Principles You Already Know. She asks readers, “Would you enjoy marketing more if your primary aim isn’t selling and self-promotion? I’m betting most of you would say yes.” Like the skilled practitioner she is, she reframes, inviting readers to see marketing anew, “as dialogue or as a learning conversation”, something mediators already know how to do, and do well.

Using humor, anecdotes, and real-life examples drawn from her clients, her students, and her own experience, Dr. Lenski encourages her readers to step outside their comfort zone and draw upon the professional skills they already have to build opportunities. She also offers sensible productivity tips, business planning advice, and useful exercises that help mediators master marketing.

What also distinguishes this work from the numerous resources available now on mediation marketing is its emphasis on professional integrity — on honoring the profession through a commitment to mediation excellence. Dr. Lenski reminds readers that it’s not just good marketing that matters; mediators also have a duty to uphold standards of excellence and develop their professional skills. She wisely observes, “In the end, it’s the quality of the work you deliver that’s going to help keep the clients coming.”

More than a book, Making Mediation Your Day Job functions like an honest conversation with a wise and caring friend. Dr. Lenski writes as someone who has been there and understands where and why any of us get stuck when it comes to marketing. She’s there to nudge us forward, with encouragement and straight talk. Making Mediation Your Day Job offers authentic, real-world advice for mediators who want to use marketing to take their practice to the next level — and all the while stay true to themselves and their work.

Congratulations, Tammy!

As a mediator and a trainer of mediators, a lot of announcements for mediation trainings cross my desk. Most recently one came my way that invited registration for a “certification training” for mediators. I’ve seen many like it over the years.

Most of them sadly have one thing in common: the “certification” that many of these trainings purport to provide is largely meaningless.

As public awareness of mediation’s benefits grows, so, too, does interest in mediation as a career. People naturally want to receive appropriate training and credentialing. Many of them believe that to enter the mediation field, they need to become certified as a mediator. As it turns out, that may or may not be right.

Confused? You’re in good company. And finding accurate information about mediator certification is a lot harder than it should be. I’ve therefore created this article in an effort to dispel some of the confusion.

1. How are mediators licensed?

At the time of this writing, mediation in the U.S. is an unlicensed profession. Unlike their counterparts in fields such as law, medicine, psychology, architecture, or social work, mediators in private practice are not licensed or regulated by states. In fact, anyone can hold themselves out as a mediator even if they have no training whatsoever.

There are reasons for the lack of licensing or state regulatory oversight. For one thing mediation as a field is relatively new and continues to define itself. Although forms of mediation and conflict resolution have existed for millennia, mediation as a professional service rose to prominence only in the latter half of the 20th century. Its widespread institutionalization in courts, schools, businesses, and governmental agencies, and its broad acceptance by the public are a fairly recent phenomenon.

In addition, credentialing remains a controversial subject among mediators. What makes credentialing a challenge is that mediators disagree among themselves as to what constitutes the practice of mediation. Different models of practice abound, and the differences among these models can be dramatic.

These models include facilitative mediation, an interest-based, problem-solving approach modeled upon the well known classic, Getting to Yes; evaluative mediation, in which the neutral provides an assessment of the strengths and weaknesses of a case and makes predictions regarding each party’s likely success at trial; and transformative mediation, which values the principles of empowerment and recognition–empowerment of parties to make their own decisions and the recognition by each party of the other’s point of view.

2. So does that mean mediation isn’t a true profession?

Absolutely not. Do not mistake the lack of professional licensing for a lack of professionalism. During the past several decades the mediation field has produced rigorously tested theories of practice, an impressive body of scholarship, and numerous laws and judicial decisions regarding mediators, mediation, and the protection of confidentiality of mediation communications.

Most importantly, practitioners, educators, scholars, researchers, and others have developed and refined widely accepted standards of best practices, crafted ethical rules for practitioners, and carefully developed guidelines for the training and education of mediators. Specializations have emerged within the field with corresponding practice standards for those specialty areas. And professional associations for mediators abound that promote best practices and actively work to advance the field.

3. If mediators aren’t licensed, then how can I qualify to be a mediator?

That depends upon the state you plan to live and practice in. In Massachusetts, to receive the benefit of the protection of a state law that protects the confidentiality of mediation communications, a mediator must have completed at least 30 hours of training and either have four years of professional experience as a mediator, be accountable to a dispute resolution organization which has been in existence for at least three years, or be appointed to mediate by a judicial or governmental body.

For mediators who serve in court-connected mediation programs, state courts may have their own qualification requirements.

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.

4. Okay, so what is mediator certification then?

That depends. Let’s take a look at the different contexts in which mediator certification appears.

State and federal certification

Only a very few state courts or state bodies in the U.S. certify certain classes of mediators. These include The New Hampshire Marital Mediator Certification Board; the Supreme Court of Florida, which certifies four different categories of mediators–county court, family, circuit court, and dependency—each of which must meet specific minimum qualifications; South Carolina Board of Arbitrator and Mediator Certification, working in conjunction with the South Carolina Supreme Court’s Commission on Dispute Resolution; the Judicial Council of Virginia; and North Carolina Court System’s Dispute Resolution Commission which certifies family financial mediators.

In addition, at the federal level, the U.S. Department of the Navy certifies mediators who have met the necessary requirements.

Certification by professional associations for mediators

Some professional associations for mediators have established certification for certain classes of its members who have met qualifications specified by the association, which may include training, experience, and educational requirements. In this case certification is private and is not connected with any state authority or provided under state oversight.

Certification by private training companies

Some private training companies offer mediator certification training which will enable participants to meet the training requirements established by a particular state court or body for certification as a mediator. Such trainings will most likely be clearly identified as such.

However, some private training companies offer what they describe as “certification training” for mediators, which simply means that participants will receive a certificate of attendance upon completion of the training and not that the training will satisfy the certification requirements of a particular state court or agency. In my opinion–one which is widely shared by many respected trainers and educators in the ADR field–this practice can be misleading, whatever the intention of the trainers. For the layperson unfamiliar with the field, it creates a likelihood of confusion. In this case “certification training” can easily raise the expectation that the training confers formal accreditation or a professionally recognized credential, when in fact it does nothing of the kind.

If you plan to register for a mediation training which advertises itself as “certification training”, be sure to find out specifically what certification means in this case and what it will qualify you for.

Online mediator certification training

Online certification training for mediators warrants a special caveat. I have said this before and it is worth repeating: online mediation training which purports to prepare students for face-to-face mediation is not worth your time and money. As I said in an earlier post,

If you’re thinking about getting training in mediation, please be aware that great mediation training is highly experiential and interactive, reinforcing the notions of collaboration and teamwork. Acquisition of learning is achieved through interpersonal interaction–through class discussions, multi-party exercises, and role-playing. It’s a very much hands-on experience to get students in touch with the deeply interpersonal dynamics of mediation itself.

I would therefore caution you about mediation trainings offered as correspondence or distance learning courses which students complete online and at their own pace with no interaction with other students. A mediation correspondence course which affords no opportunity for face-to-face and group interaction with coaches and fellow students is simply no substitute for the real thing.

5. ConclusionAs you can see, mediation certification and credentialing is a complex topic. It pays for you to be thorough in doing your homework. For up-to-date information in your state on mediation training, certification, or mediator qualifications, please contact your local chapter of the Association for Conflict Resolution. To learn more about mediation training and careers, please explore the following posts:

“How to become a mediator: five frequently asked questions about training and careers in mediation.”

“Getting it straight: understanding mediator certification.”

“What to look for in a basic mediation training.”

Best of luck to you as you pursue a career in mediation.

One of the great things about the internet, particularly what is known as Web 2.0–the second wave of digital technology that has made the internet a far more social and participatory place– is that fresh discoveries are always possible. Its potential seems so limitless that it can make trailblazers of us all, if we can simply find our niche.

There potentially remain many firsts yet to claim, within our reach, even here in the conflict resolution field. Consider these examples:

• Bill Warters, Campus-ADR Tech Tools: first blog ever on ADR and conflict resolution
• Perry Itkin, Florida Mediator, world’s first mediation blog
• Miquel Tort, Blog Solomediacion.com, world’s first Spanish language blog
• Dina Beach Lynch, Mediation Mensch, first African-American to blog about mediation and first person to use a blog to coach mediators
• Josh Weiss, Negotiating Tip of the Week, world’s first negotiation podcast
• Me, World Directory of ADR Blogs, another first

You get the picture.

Now another conflict resolution professional is blazing a brand-new trail.

Tammy Lenski, who somehow finds time to publish not just one but two blogs, “I Can’t Say That” and “Mediation Marketing from Mediator Tech“, is doing something that no other mediator has done. She is writing a book on marketing for mediators, using her blog Mediator Tech as the publishing platform. Visitors to Mediator Tech see “Making Mediation Your Day Job” unfold, chapter by chapter. As writer, Tammy benefits from readers’ feedback. Readers of course benefit as well from Tammy’s experience.

The good news is that there’s still plenty of room for you to be a pioneer yourself in cyberspace. Not all the great ideas have been taken. (In fact, I can’t wait to tell you about another first for the mediation field. However, like a good mediator, I’ve promised to keep it confidential. At least for now. I think the wraps come off this week, so check back soon.)

The Wall Street Journal on its CareerJournal.com web site reports on the results of its recent survey “2006 Best Careers“.

CareerJournal.com lists 14 attributes that make a career choice an excellent one:

• Advancement
• Autonomy
• Contribution to Society
• Creativity
• Customer Contact
• Friendly Co-workers
• Impressive to Others
• Income
• Intellectual Stimulation
• Job Security
• Lower Stress
• Predictable Hours
• Work-Life Balance
• Benefits

Although mediation doesn’t seem to have made CareerJournal.com’s list of most satisfying careers, mediation does meet many of these criteria. Plenty of intellectual stimulation, low stress, no indentured servitude to the Almighty Billable Hour, with lots of emphasis on contribution to society and work/life balance. (The only areas that a mediation career may come up short in are income and job security, which can prove illusive although not unobtainable. One of the jokes that mediators like to tell mediation trainees illustrates this all too well: What’s the difference between a mediator and a large cheese pizza? The pizza can feed a family of four.)

This special feature of CareerJournal.com comes with advice for anyone contemplating a career change. Articles to consider include “How to Switch Careers in Midlife” and “Five Almost Painless Ways To Make a Career Change“, which recommend one step in particular that make especially good sense for anyone who wants to transition to mediation from another career: Start a parallel career. (I would not recommend Step No. 5: Go cold turkey. Quitting your day job is rarely a wise move.)

For my thoughts on mediation training and careers, please read “How to become a mediator: five frequently asked questions about training and careers in mediation“.

For a list of blogs (good resources since they offer regularly updated content) that focus specifically on marketing for mediators, visit the World Directory of Alternative Dispute Resolution Blogs.

(Via the excellent George’s Employment Blawg.)

Anyone who has ever gotten married (or reads Dear Abby) knows only too well how many family feuds are sparked by wedding plans (which is probably why my husband and I eloped to Las Vegas). Battles can and do ensue over guest lists, menus, ceremonies, religious traditions, and who’s paying for what.

Stepping in to pour oil on troubled waters are wedding planning mediators who help couples and family members resolve thorny issues to prevent nuptial arguments from leading to divorce court.

(Thanks to my friend Bill Warters for kindly alerting me to this story.)

Technorati tags: conflict resolution, mediation

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

I frequently get phone calls from people who are interested in becoming mediators. These people are motivated by a desire to help others, to transition into a more satisfying career, or to learn skills to help them do their current jobs more effectively. They come to me for help in finding a place where they can get training to help them achieve their goals.

What I typically discover is that the vast majority of these individuals do not know what questions they should be asking to help them choose the best training possible. They have no idea what they should be looking for in a training program. And that’s a big problem. While there are excellent programs providing mediation training, there are also some training programs that are woefully inadequate. Be smart in choosing a training.

My purpose in writing this article is to raise public awareness of the importance of doing your homework when it comes to making decisions regarding choosing a mediation training. Taking a mediation training constitutes an investment in your professional development, representing an important commitment of both time and money. The last thing you want is to waste either one of those precious commodities.

If you are interested in undergoing training to become a mediator, be an educated consumer. Research trainers and training programs carefully before making a commitment. The following questions were developed to assist you in gathering the information you will need to make an informed decision regarding the selection of an appropriate mediation training program.

1. What preliminary questions should I ask?

At present, there is no uniform regulatory scheme governing the practice of mediation, and, unlike other professions, such as law or medicine, there is no formal licensing or credentialing of mediators. States and governmental bodies such as courts set forth different requirements for mediators and mediation practice, so you should find out what requirements or qualifications standards for mediators are specified by the state you plan to practice in. (See Section 3, below, for information on Massachusetts.) A lead trainer or director of a training program should be familiar with these requirements.

Second, even within the field there are differing perspectives on how mediation itself should be defined and what constitutes the practice of mediation. You should be aware that there are different models and approaches—facilitative, transformative and evaluative—in mediation practice which define the mediator’s role in different ways. The facilitative is probably the best-known and most commonly taught. Be sure to find out what philosophy the training program utilizes and what core beliefs and values the program will teach participants.

Third, find out from the lead trainer what kinds of skills and techniques they believe are integral to effective mediation practice. Ask what the training will prepare students for upon its conclusion. Ask whether the program utilizes solo or co-mediation and why.

Fourth, in addition to inquiring about the program’s philosophy, it is also important to ask about the design of the mediation training program. How will skills and concepts be taught? What information will students receive on ethical guidelines and issues? What is the student to teacher ratio? How is time allocated among presentation, group discussion, and application, including role-playing? What kinds of materials, including a manual, will be provided to students? What is the bibliography for this program?

2. What should I look for in a lead trainer and training faculty?

The Mediation Training Standards developed by the Massachusetts Association of Mediation Programs and Practitioners provide sound recommendations for trainer qualifications: “The mediation trainer should have extensive experience as a mediator in order to be accepted as a credible teacher and role model. Thorough knowledge of the mediation process and a mediator’s techniques and strategic choices is also essential.” Added to this should be a comprehensive understanding of the ethical rules governing mediator conduct.

Find out what you can about the lead trainer, other members of the training faculty, and their professional backgrounds. What kind of work do they do in the mediation field? What types of cases do they mediate? How long have they been mediating? How long has this organization been providing training services? How many individuals have they trained?

Other essential qualifications to look for include whether the trainers

• are active in the dispute resolution field through membership in professional associations, dispute resolution panels, and organizations committed to the advancement of dispute resolution
• are committed to best practices and continuing education by regularly upgrading their skills and theoretical grounding on an ongoing basis through advanced training and attendance at conferences and other educational programs
• have a demonstrated commitment to the dispute resolution community through public awareness initiatives and support of other dispute resolution professionals
• through their connections in the dispute resolution community can help you identify and network with dispute resolution professionals and others who can provide mentoring, guidance, or information to help you get started in the mediation field

I cannot emphasize how important these characteristics and qualifications are. There do exist mediation trainings conducted by wholly unqualified trainers, so it is critical to find out all you can about the trainers. Definitely request to see bios or resumes for trainers as well.

3. How many hours of training should I receive?

The answer to that question depends upon what state you intend to practice in. Here in Massachusetts, state law specifies a minimum of 30 hours of training in order for mediators to be covered by the mediator confidentiality statute (Massachusetts General Laws Chapter 233, § 23C). In addition, the Supreme Judicial Court recently created Guidelines for Implementation of Qualifications Standards for Neutrals which set forth requirements for mediators in court-connected dispute resolution programs. These Guidelines specify a minimum of 30 hours of mediation training for mediators, with 36 to 40 hours recommended. The more hours of training that a mediation training provides participants, the more comprehensive and in-depth the training is likely to be.

To see what other states require, there is a draft report entitled State Mediator Rosters and Qualifications prepared by the Institute of Government, College of Professional Studies at the University of Arkansas at Little Rock, which provides an overview of the requirements specified by the 50 states for mediators.

4. What should a training curriculum cover?

At a minimum, a basic mediation training curriculum will typically cover the following topics:

• Overview of ADR processes
• Principles of mediation
• Stages and goals of mediation process
• Role of mediator
• Nature of conflict/behaviors in conflict
• Mediation skills, including negotiation skills, interactive listening, question-asking, use of neutral language, reframing, interest identification, addressing barriers to agreement, agreement writing
• Values and bias awareness
• Cultural diversity
• Power imbalance
• Working with attorneys and representatives of parties
• Ethical issues, including confidentiality, impartiality, informed consent, conflict of interest, fees, responsibilities to 3rd parties, advertising and soliciting, withdrawal by mediator

This material is typically taught utilizing a range of teaching methods, including lecture, large and small group discussion, interactive exercises, and coached role-playing. Trainings should provide at least three opportunities for a participant to play a mediator in coached role-playing under the supervision of an experienced mediator, who will provide feedback to support and facilitate learning.

5. What happens after a training? How can I gain mediation experience and mentoring?

Before you take a basic mediation training offered through an organization, find out what opportunities are available to obtain mediation experience after the training is over. Such opportunities are typically available on a volunteer basis, usually through small claims cases at local district courts. Beginning mediators are teamed up with more experienced mediators for coaching and support in developing skills. This can be an effective way to build the skills you acquired through training and to become acquainted with others in the field. There is generally no cost to the volunteer mediator for participating in such a program, but you should be prepared to ask whether there are any costs or membership fees associated with volunteering.

In addition, organizations may offer practica to individuals who have completed a mediation program. A practicum provides intensive supervision and coaching to newly trained mediators by experienced and highly qualified mentors. Its purpose is to increase a mediator’s effectiveness and support the acquisition, development and refinement of skills and techniques. Enrollment is usually limited, and organizations typically charge tuition for such programs.

6. What can I expect to pay for basic mediation training?

Cost can range from as little as $600 for training offered through an all-volunteer community mediation program to several thousand dollars. In the Greater Boston area, you can expect to pay in the $650 to $1800 range for basic mediation training.

A basic mediation training should be viewed as an investment in your professional development. Although there is no licensing or certification of mediators in the Commonwealth of Massachusetts, mediators nonetheless consider themselves to be professionals. Professionals such as social workers, psychologists, attorneys, and others invest in getting the education they need to perform their jobs effectively, including post-secondary and advanced degrees and continuing education. Aspiring mediators should do likewise in selecting carefully the training that will prepare them to become effective professionals. Therefore, you should approach mediation training in the same way you would any other professional training by choosing a training program that will help you achieve your professional and personal goals. A quality mediation training may cost more, but it provides greater benefit in the long run.

7. Where can I get mediation training?

For those of you in the New England area, information on upcoming training programs may be found on the web site for the Association for Conflict Resolution, New England Chapter (NE-ACR), a non-profit association “dedicated to serving its members and the public by providing expertise and resources on the field of conflict resolution…[Its] members are mediators, arbitrators, facilitators and educators from different backgrounds and professions from across the six New England states.” NE-ACR’s goal is “to build the understanding and use of quality conflict resolution services.” Click on the link for “ADR Calendar” for a list of trainings offered around the New England area. However, be aware that NE-ACR cannot ensure the quality of the programs listed in its calendar–you still need to do your homework before making any commitment.

That’s one way to find trainings. You can also contact the leaders of professional associations for dispute resolution practitioners in your area and ask them for their recommendations. For those of you outside the New England area, the Association for Conflict Resolution is a good place to go to find local chapters in your area, as well as to locate professional mediators in your community. Find out from them what trainings they might recommend, and talk to a number of practitioners.

The important thing, however, is to do your homework. You’ll be glad you took the time.

[Important note: Since I published this post back in January 2005, I have revisited this issue. For further information on careers in mediation and choosing a mediation training, click here.]

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