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About Timmy Chou
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I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".

 
   

You are here:  Experts > Business > Corporate Law > Arbitration/Mediation > I would like to be a mediator

Arbitration/Mediation - I would like to be a mediator


Expert: Timmy Chou - 1/29/2007

Question
Hi. I would likek to be a mediator, and I am currently an undergraduate. What courses/discipline do you think would be suitable for an aspiring mediator to take?

Thank-you,
Monique

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, licensure is also offered in many states.

Nearly every state requires some training in order to be licensed, if they do so.  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.  Other times, 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.  

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.  If you like the academic life, I would encourage you to seek a degree in dispute resolution and then get as much professional training as you can.  A Masters in dispute resolution will also be very useful for you if you have the funds and time to stay in school.

Feel free to follow up with any other questions.

Good luck to you!

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