Expert: Timmy Chou - 7/2/2005

Question
How can I find out if this is a real opportunity for me?

I am considering taking a class to become a meditator. The class costs about $600 for 40 classroom hours plus 12 hours of required observation of actual mediation. At that point I will be "qualified" ( No license is required in my state.) The company that offers the classes has a contract with district court to provide court ordered mediators(mostly family situations) and also does teen-parent contracts, divorces and other family mediation as well as commercial medition. (Commercial is another $600 class.) The company hires mediators as independent contracts and splits the fee ($60 - 100 per hour) 50-50 between the company and the mediator. They put the mediators name on a list with the court and mediators are called as needed. The company estimates that at this time each mediator works 10-20 hours a month. (This would be perfect for me as I am looking for part time work.)

But I definitely do not want to spend $600 on a class unless there is a reasonable likelihood that I will be able to do at least 10-20 hours per month.

How can I find out if this is a real opprotunity or if the comapny makes their money from the classes?

Thanks

Jo

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 use specific techniques to try to help the parties craft creative solutions.

The ADR profession is still really in its infancy and very little professional structure exists for practitioners in many states.  Virtually anyone may provide services as a mediator.  However, unlike your state, licensure is offered in many states.

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.  Lawyers are trained to take a position and advocate for it, and many have to retool their natural professional approach and behave in
some counter-intuitive ways.  Therapists too are trained to bring an agenda to the therapy rather than merely be a facilitator.  Being a neutral is alot harder than it seems!

Quite a range of training is offered from Master's degrees to specific certificate training (such as dispute resolution in health care settings, for example).

The best online resources are found here:

http://www.mediate.com/

here:

http://acrnet.org/

and here:

http://adrr.com

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 or training in ADR is likely offered through any local law school or through your local court systems in your location.  While, like in your case, a private group becomes the "defacto" trainer for the area.  

The truth is that it is very difficult to "start out" as a mediator or arbitrator.  Successful mediation work requires considerable experience and practice.  Merely having 12 hours of training will not be sufficient preparation.  The truth is that there are a number of people "in the line" before you who have more experience and training than you will have.  The company may throw you a bone but is unlikely to provide you with steady work until you can prove yourself.  I would talk to others who have gone through the training.

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 and also related income.  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.  You can also volunteer with local groups and learn mediation.  This would be a great experience for you and help you decide how interested you are in the field.

Good mediators have a wide variety of training and backgrounds, but classes in psychology, counseling, sociology and philosophy are all very good background.  Many universities now have specific classes in dispute resolution, negotiation, peace studies or diplomacy.  Having specific training in the law is not really a requirement to effective mediation, but many lawyers get sick of suing people and get into mediation because it is more personally satisfying.  To be good, people have to trust you and you have to be good at reading people.  You need effective people skills and to have developed a calming and reassuring demeanor and style.

Mediation is extremely rewarding but it is notoriously difficult to make a living.  One must be really committed to the concept and be continually seeking training and experience--often for free or at your expense.  

Feel free to follow up with any other questions.

Good luck to you!