Want to be a Mediator? Develop Your Own Residency Program

Over the past several months I’ve fielded numerous calls from mid-career professionals whose jobs are at risk due to federal cuts and who are interested in becoming a mediator. Other inquiries have been from people exploring an encore career as a mediator.  Several of these people have mediation related skills, either in diplomacy, equal employment opportunity or negotiation of federal cases.   One had a prior career as a high school principal.   Their core inquiry was “How do I become a mediator?”

Here’s my advice:

Part I-The Basics

• Training: First you need to have basic mediation training.    The basic mediation training is 40 hours and meets the requirements of Maryland Court Rule 17-104. [1]  I’ve been doing mediation training for the Maryland State Bar Association for over a dozen years. Information about our upcoming training is here.   While we put participants through eight role plays over the 40 hour program, these are abbreviated experiences and don’t fully replicate an actual case.  It is rare that someone finishes a mediation class and is ready to go out on their own unless they have prior experience serving in the role of neutral.

• Experience: After you receive your certificate of attendance, the biggest challenge is getting  experience.     Mediation is like medicine, you learn it by doing.  Unfortunately, unlike medicine there isn’t a structured residency program.   You have to develop it on your own.  Here are a few examples of places where you can get experience.
• Community Mediation Centers: You can get experience in community mediation programs where mediation services are generally offered for free or on a sliding scale.  Each community mediation center runs it’s own program and some follow a specific method of mediation, called the Inclusive Model.  If they require you to take their training do it.  It’s excellent.  Some mediation programs use co-mediation so you will be paired with another mediator.  This is a great way to learn and gain experience.
• District Courts: Another place to get experience is in the District Courts.  These are the first level courts for small claims and misdemeanor actions.   Most of these courts have volunteer ADR coordinators.
• Circuit Courts: Some circuit courts have in-house mediation programs, especially for family matters where there is a tremendous need.  Each county in Maryland has its own circuit court and runs their program a little differently so you’ll have to find out whether there are opportunities for you to observe and/or co-mediate.  The Maryland Mediation and Conflict Resolution Office-MACRO coordinates the application process for Circuit Court.
• Private mediator mentorship:  You can also get experience by contacting private mediators and asking to observe and/or co-mediate their cases.  Try to develop a mentoring relationship with one or more experienced mediators.As you get experience keep track of your cases on a spreadsheet.  You want to eventually be able to say I’ve done 100 plus cases.

• Developing a mediation practice

Decide what area you are going to focus on.  What niche are you passionate about?  When I began mediating I  was advised, “…go from where you came, build on your knowledge and strengths”.  I had been working at the US Environmental Protection Agency.  I knew the market for environmental mediators and didn’t’ feel I could compete in that arena.  But I knew there were lots of unhappy people at work, so I focused on workplace cases.  If for example you lost your job at the FDA perhaps you can do mediation in the area of food and drug regulation.

• Write a business plan

There are plenty of sources online for business plans.  You might even get AI to write one for you!  Included in your business plan should be your short and long term goals and a marketing plan.  Brainstorm who you know in that field or niche area.   Contact them, treat them to coffee.  Ask them how you can help them.  Many organizations, such as Rotary Club or Business Network International have regular meetings and need speakers.  They would be happy to have you speak to their membership.   Offer to do a brown bag lunch presentation.

• Develop your expertise

Develop a educational presentation with some easy takeaways that you can offer at a brown bag lunch.  You won’t get paid for these but you’ll start to develop relationships and your expertise.   One way to do this is to teach.  Many universities have evening programs for non-traditional students. Teaching is a way to develop expertise and to be viewed as a thought leader in your niche area.

• Develop referral sources.

Who do you know who is an influencer?  Get to know them.  Join a business referral group.    For workplace matters the director of human resources is key.  Eventually you’ll need a website but develop your expertise first.   In the meantime, reserve a domain name.

Being politely persistent helps.  What are the nonprofits and other related organization in the niche you want to focus on?  Identify them, find out about their meetings and offer to speak at a lunch or breakfast.

Part II-Mediator certification

Many people think that just because they have completed the basic class and have a certificate of attendance that they are certified.   That is incorrect.  Certification implies  a degree of competence. Competence comes with practice.  Maryland has no mandatory certification program.  In Maryland there is a voluntary certification program through the Maryland Council for Dispute Resolution (MCDR).  Certification is a chance to get feedback from professionals in the field.   A candidate does a one-hour mediation role play which is recorded and observed by two assessors who themselves are certified mediators and have been trained in the assessment process.   MCDR recommends that you have mediated roughly 25-50 casesbefore sitting for certification.  You can get more comfortable with the process by serving as a role player.  More information about certification can be found here

To be successful in this field you need to be driven.  You need to seek out business, develop expertise, and be tenacious and patient.  People hire those they know and trust.  So develop your own residency and marketing program so organization leaders come to you for helping them solve thorny problems and resolve conflicts.

[1] Note that while some of this advice applies universally to a mediation career, some is specific to Maryland where I practice.