ADR CORNER
ADR CORNER
Mediation : Surviving the First Year
ALEX ROMANO
Dispute Resolution is a great career choice but transitioning to mediation isn ’ t as flawless as it seems .
At Matrix Mediation (" Matrix "), we have seen numerous attorneys attempt the transition to mediation without knowing what goes into making a successful practice . From believing common misnomers about the work effort required to failing to financially plan for the transition period , we dare to say we have encountered it all in our seventeen ( 17 ) years in operation when it comes to planning for life as a mediator .
This article navigates through the process of successfully transitioning your practice from litigation to mediation and highlight some key considerations to keep in mind before taking the plunge .
Evaluating your Finances Before the Transition
One of the most common misconceptions we hear is that the money comes quick as soon as you become a mediator . However , for many , that is not the case . Instead , we have experienced that it takes about one ( 1 ) to two ( 2 ) years for a mediator ’ s business to take off from occasional mediations to full time work regardless of their prominence as an experienced trial lawyer or judge .
As such , it is important to evaluate your finances and plan accordingly before transitioning to mediation . This includes ( i ) evaluating your savings , ( ii ) budgeting for necessary business expenses , ( iii ) taking into consideration the timing of when you leave your practice , and ( iv ) considering future life events that might impact your financial plan .
Should I keep practicing and mediate ?
We are often asked - can I keep litigating with a mediation practice ? Legally and ethically , yes . However , it is important to keep in mind that keeping your practice will lead to a greater likelihood of conflicts of interest . Also , would you trust your secrets with a mediator you may have a case against next month ? Here at Matrix we are frequently asked if mediators are still practicing .
Network , Network , Network
When you ’ re not fully booked you should be spending your time seeking mediation opportunities . This includes reaching out to old classmates and every person you have ever litigated with or against and asking for a chance to mediate their next case . We have time and time again seen that the mediators that take this advice see profound results in the quality and volume of their practices .
Does that mid-week happy hour or Saturday night legal event on your calendar bring you dread ? Well , to build an established mediation practice it will now be your full-time job to meet as many people as you can and get your name out . If attending networking events isn ’ t your style , then consider getting involved with various bar organizations to help you network in a more organic setting .
The Price is Right
You may an experienced trial attorney , but you ’ re a new mediator . Consider choosing a price point that encourages new clients to try you out , get a book of business , and then you can set your rate higher . Many new mediators often respond with “ I have never looked at how much a mediator charged why should I start low ?” To build your business , you have to get business , which starts with offering reasonable rates commensurate to your experience in the field .
Calling Ahead & Following Up
Not everyone calls ahead , so it will set you apart from the pack . It provides the attorney with the opportunity to tell the mediator things they might not want to put in writing , can offer valuable insight into the position of each party before mediation occurs and can establish your relationship with a client before the
PBCBA BAR BULLETIN 8 mediation even begins .
Follow-up on impassed cases . The mere fact that you called will keep that case in the forefront and help with an earlier resolution . Although your time is important , consider not charging for follow-up , which helps keep things more fluid . In our experience , if you give a few minutes away for free , it will pay dividends .
Final Thoughts
Mediation is your new full-time career , not a retirement hobby ; results require effort , focus and perseverance . As clients expect more than they ever have before , it is more important than ever to put in the effort and concentration that clients not only deserve but expect .
Concerned about the competition in the field ? Don ’ t be . Every day we get feedback from practitioners that their favorite mediator is booked , and they are looking for new blood . If you are willing to give your best effort you will find that dispute resolution is a rewarding and satisfying career .
Alex Romano is a Director at Matrix , a full-time mediator , and trainer at Matrix Training Institute . Prior to coming on as a mediator she did over 50 jury trials and has worked at Matrix for 17 years in various capacities . She has an extensive understanding about not only what it takes to be a successful mediator , but the nuts and bolts of how to run a successful mediation practice on a large scale .
For additional ADR tips and resources , go to https :// www . palmbeachbar . org / alternativedispute-resolution-committee /.