Expert: Timmy Chou - 5/17/2004

Question
Hi, I am currently completing my Masters Degree in Negotaition and Conflict Management at Cal State Univ Dominguez Hills.  I was wondering if my MA degree is going to bring job offers or would I have been better off completing a 25 hour mediation training course?  I am learning a lot and really enjoy the classes, but am afraid I will never get a job in the field.

What should I do? Is there a way to get hands-on experience while I am finishing my degree?  Am I still going to need the state mandated certificate in order to work?

Thanks for any help you can offer!  

Answer
Thank you for your question.

Mediators are trained in specialized facilitation skills and work to bring disputing parties together to work out solutions.  They specifically do not advocate any position or try to persuade parties to do one thing or another, but they typically will work to identify the core issues
underlying disputes and try to craft creative solutions. CSUDH has a very good theoretical program in my opinion.  Dr. Turk and his colleagues are well recognized in the profession.

However, the ADR profession is still really in its infancy and only emerging professional structure exists for practitioners in most states.  Virtually anyone may provide services as a mediator.  However, licensure is offered in many states and you have to convince people that you are effective.

Nearly every state requires some training in order to be licensed.  Interestingly, few states will forbid you to offer services if you are not state licensed.  For example, a sample of the Virginia licensure code is available here:

http://www.courts.state.va.us/tom/tom.htm

My experience is that effective mediators have taken advantage of some specific training because the role of a neutral facilitator is quite different.  Legal advocates and therapists may have to retool their natural professional approach and behave in some counter-intuitive ways.  The CSUDH program does meet the training requirements in many states, but may actually lack the specific practical training in mediation.  You will have to either opt for practical training or work with a mediator or court-connected or volunteer agency. Also, specific industry is available, such as ADR in health care settings, for example.

The best online resources are found here:

http://www.mediate.com/

here:

http://adrr.com/

and here:

http://www.acrnet.org

Other excellent information resources may be found at these professional organization sites:

American Bar Association:

http://www.abanet.org/dispute/home.html

American Arbitration Association:

http://www.adr.org/

Seminars on ADR are likely offered through law schools or through local court systems in your location.  Be sure to check out the ABA site.

The truth is that it is very difficult to "start out" as a mediator or arbitrator.  Virtually anyone who gets into the field permanently as a career has come from some other field and is able to rely on related expertise.  Typically professors, attorneys, people with state department experience, therapists, and consultants have the credibility and financial resources to make a career viable, but almost all of us begin mediation work relying on income from our primary expertise.

Some career paths are emerging in some states through local government and court systems.  These jobs are typically around court-ordered mediation for divorces, smaller business disputes, and often around victim-offender mediation.  They are usually staff level jobs that do not pay tremendous salaries.  Some states and private foundations sponsor and fund quasi-governmental mediation "centers" in a non-profit model.  These are few and far between.

If you are committed to this career path, I would encourage you to spend alot of time up-front in as many training venues as possible.  Numerous groups sponsor seminars and certificate programs in everything from health care to military mediation.  If you put a serious oar in the
water and jump out there full-speed, you can make things happen, but it will take time.

Please understand that the typical model of getting a degree and then "getting a job offer" is not likely to apply in the field of mediation.  There are too many intangibles around the necessary credientials, and more importantly, experience.  There is no way to become effective without experience and you will likely have to live on a slim paycheck (if any) while you get the experience--which may be as an observer or co-mediator.  Most successful people in the field have had the passion to push out into new territory and start mediation firms or new programs in conjunction with courts or non-profits.

There are challenges ahead also with several states moving in the direction (with the prodding of lawyers) of requiring licensed arbiters and mediators to be attorneys.  ACR is working to stem this tide.  

My advice is to not be passive about elbowing your way into the field.  You will have to be focused and passionate about what you want to do and opportunities will develop for you.

Feel free to follow up with any other questions.

Good luck!