Mediation: A Training & Resource Guide for the Mediator

By Barbara A. Bullen

Mediation, A Training and Resource Guide for the Mediator, contains 626 pages of educational and training information for the mediator, complete with outstanding articles from well-known mediators throughout the United States.

Although, some of the contents of the book is now obsolete or changed, it  still contains worthy and important information for the needs of professional mediators. Consider this book a "collectors item."

• Language: English
• Publisher: Trafford Publishing
• Release date: Nov 27, 2012
• ISBN: 9781466935921

Book preview

Copyright 2012 Barbara A. Bullen.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written prior permission of the author.

Printed in the United States of America.

ISBN: 978-1-4669-3591-4 (sc)

ISBN: 978-1-4669-3592-1 (e)

Trafford rev. 11/19/2012

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www.trafford.com

North America & international

toll-free: 1 888 232 4444 (USA & Canada)

phone: [phone] * fax: [phone]

Contents

Dedications & Acknowledgements

Preface

Mediation

CHAPTER ONE

Chapter One

How to become a Mediator

How to become a Mediator Trainer

Mediation Training for Litigated Cases

How to Conduct a Private Mediation for the Litigated Case

Mediation

Mediation in the Twenty-First Century

CHAPTER TWO

Chapter Two

Overview of the California State Court System

The Los Angeles Superior Court

Superior Court of California County of

Los Angeles

CHAPTER THREE

Chapter Three

Preparing For your Mediation

Mediation Advocacy: Preparing for Successful Mediations

Keeping your Cool: The Power of Persuasion in Mediation.

Applying the Social Science of Influence to the Art of Negotiation

Tom Arnold, 20 Common Errors in Mediation Advocacy

Introduction to Attorneys

Negotiation Strategies of the Attorney

Confidentiality

Mediation Confidentiality Revisited

Once Again

Michael Cassel v. The Superior Court of Los Angeles County

Once Again—Confidential Means Confidential!

The Second Appellate District Revisits Mediation Confidentiality

Suzanne C. Radford v. Melinda Shehorn

CHAPTER FOUR

Chapter Four

Program Statement

Mediation Defined

The Six Steps of Nonviolent Conflict Resolution

Peacemaker Functions

Understanding Conflict

Conflict Management

Mediation

Mediation Process

Active Listening Techniques

Communication Skills

Listening To Others

I Messages

Process of Mediation

Community Mediation Program Process

Writing the Agreement

CHAPTER FIVE

Chapter Five

1. Win Win Approach

2. Creative Response

3. Empathy

4. Appropriate Assertiveness

5. Co-operative Power

6. Managing Emotions

7. Willingness to Resolve

8. Mapping the Conflict

9. Development of Options

10. Introduction to Negotiation

11. Introduction to Mediation

12. Broadening Perspectives

CHAPTER SIX

Chapter Six

Values—Rules for the Road

The 8 Gender-Linked Values

Equality and Status

Agreement and Competition

Feelings—Actions-and-Objects

Interdependence—Autonomy

Alternatives for Handling Values Collisions

CHAPTER SEVEN

Chapter Seven

Party Directed Mediation:Helping Others Resolve Differences

Evaluation Within Mediation and the Ideal of Neutrality

Transformative Mediation

The Art of Mediation: Ten Rules for Effective Participation[1]

Communications in Mediation

Moving Mediation Back Toward

Its Historic Roots-Suggested Changes

Impasse is a Fallacy

The Personal Qualities of Mediators

The Assertive Mediator

Culture and Conflict

Understanding Culture and Diversity in Building Communities

It’s Not What You Say, It’s How You Say It

Empathic Listening

Effective Alternatives Analysis In Mediation: BATNA/WATNA Analysis Demystified

Assisting in Drafting the Settlement Agreement

How to Start a Mediation Practice:

Settle It Now Negotiation Blog

Conclusion

Role Plays

Consumer Debt Dispute

Sexual Harassment

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Appendix F

Appendix G

Appendix H

Appendix I

Endnotes

Mediation

T he author does not guarantee the accuracy of current mediation legislative or mediation rules, policies, cases, court websites or other websites contained in this book. The author suggests that the reader review current and up-todate mediation legislative rulings, mediation rules, policies and procedures as well as current statutes, cases and websites pertaining to the reading material in this book.

This book is published for educational purposes only and must not be construed as giving legal advice, to the layperson or to the professional.

The author is not responsible for any loss or damages incurred in relation to the content of this book.

MEDIATION

A Training & Resource Guide for the Mediator

BARBARA A. BULLEN

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Dedications &

Acknowledgements

For My Parents:

Thomas Roswell Strachan &

Beulah Emilo Ermine (Norris) Strachan

T his book is dedicated to all the wonderful people in the ADR Profession. This book is also dedicated to my children Felicia Sherrie Bullen, Charlotte Ashley Bullen and Frank Perry my grandson whom I love very much for putting up with my never ending love for books.

I give thanks to Amy Ghosh, Joanna Ghosh, The Law Offices of Amy Ghosh, Tanya Haggins, Lakewood College, Forrest S. Mosten, Mosten Mediation Centers, Ken Cloke, Center for Dispute Resolution, Lee Jay Berman, Mediation Tools.com, Victoria Pynchon, Settle It Now Dispute Resolution Services, Myer Sankery, Advanced Mediation Services, Mediate.com, Christina Holt, Community Tool Box Services, Association for Conflict Resolution, Laurie Kelly-Pye, Career Press/New Page Books, Joseph P. McMahon, Jr., Collaborative Processes, Gregorio Billikopf, University of California, Russ Bleemer, CPR: International Institute for Conflict Prevention and Resolution, Heidi and Gary Burgess, Conflict Information Consortium, Gregory J. Smith, National Institute for Trial Advocacy (NITA), Helena Cornelius, Conflict Resolution Network, Kendall C. Reed Esq., Kendallreed.com, Jessica Notini, Mediate. com, Tom Sebok, Mediate.com, Marva Dobbs, Adam T. Rick, Brad Sprangler, Conflict Information Consortium Michelle LeBaron, Conflict Information Consortium, Richard Salem, Conflict Information Consortium, Colleen McKenna, Career Press/New Page Books, John W. Cooley, National Institute for Trial Advocacy (NITA), Marya Axner, Community Tool Box Services, Tom Arnold, CPR:International Institute for Conflict Prevention and Resolution, Phyllis G. Pollack,PGP Mediation, Bill Berkowitz, Community Toolbox Services, Eric van Ginkel, Adjunct Professor of Law at the Straus Institute for Dispute Resolution of Pepperdine University School of Law.

A special thank you goes to Rev. Eric P. Lee, President/CEO SCLC of Southern California for without him I would not have discovered such a wonderful career as mediation. His liberal approach to my mediation endeavors in the past has been instrumental in the creation and development of this book.

To all budding mediators, I wish you well and success as you read this book which will not only educate you but give you a stepping stone to the field of mediation for litigated, and community based mediation training.

This book is filled with information that will help you in your endeavors to seeking employment as a pro bono mediator, volunteer, mediator on the courts panel or in public or private practice. If your goal is to work for the court system, please check first with their ADR office or their Dispute Resolution Office in your city to determine what the qualifications are to work for their specific court panel before embarking on any mediation training.

As you read through this book you will be able to obtain very valuable information on the practice of mediation that will be educational for you as you conduct your mediations. As a private mediator you will also benefit from this book with the material presented which will prove to be an aid for you as you conduct your private practice.

I wish you all the best!!!

Barbara

Preface

M ediation is a wonderful career for you if you enjoy interacting with the public. I enjoy interacting with the public, and have a sincere desire to help disputants with their disputes, so I can say that mediation is the perfect career for me. How did I find out that mediation was the career for me? Well, I stumbled across the field of mediation by volunteering to work with the Southern Christian Leadership Conference (SCLC) of Greater Los Angeles, California and I enjoyed mediation so much that I stayed there for a year as a volunteer. Why did it take me years to find out about mediation? I spent many years at school in the hopes of one day becoming a justice. For me, my dream was to become a justice following the footsteps of Thurgood Marshall, the first African American to be an Associate Supreme Court Justice of the United States of America.

I attended Cal State Los Angeles, my major, political science, my minor, prelaw. My years at Cal State were hectic but I thoroughly enjoyed each and every moment that I was there. I studied a vast array of subjects which gave me the opportunity to learn many different areas of the political and legal field. The professors, some of the finest; their personalities gave new meaning to the word education. Cal State Los Angeles sets a high standard for its students with their teaching ethics. The curriculum was tough but enjoyable.

However, during my last year at Cal State Los Angeles, I met setback after setback which resulted in me changing my career plans of becoming a justice. These setbacks attributed to the loss of many years in which my determination in fulfilling my dreams of becoming a justice were unfulfilled.

A career change was in the pipeline but it took a rude awakening, to realize that mediation, was to become not only a new way of life for me but would prove to fill the void that had been created; by me not becoming a justice. A career that replaced my dream of becoming a justice was to bring me satisfaction and its inherent rewards in becoming a mediator. I decided to become a volunteer with SCLC which proved to be the remedy for my unhappy stint and challenges that I was faced with everyday.

Mediation is a career filled with its inherent rewards; that of helping others overcome their disputes and conflicts in the private sector and in their communities. I was later hired as the Mediation Coordinator for the Martin Luther King Dispute Resolution Center in Los Angeles, California in which I conciliated hundreds of cases whilst holding down a full-intake case load. I never made it as a justice, but I am truly grateful to the Southern Christian Leadership Conference for giving me the opportunity to achieve my goals and aspirations.

Mediation as a career is satisfying, exciting and is filled with vast opportunities for you as you embark on a career that is rewarding for the novice and rewarding for the professional mediator. The novice if qualified i.e., fulfilling the courts educational, training and employment requirements will be able to work for the court system in their state on a pro bono basis if they have these opportunities available in their city. Working for governmental agencies, private industries, non-profit agencies and in private practice will be dependent upon the rules and policies for the employment of mediators in these respective employment fields.

The information in this book should be widely accepted by the novice as well as the professional mediator as a book that is geared towards educating them in the ideologies and principles of the practice of mediation as well as the practice and ideologies of many well-known mediators that are portrayed in this book.

I have included in my book, training material for the novice and the practicing mediator. The novice should attend basic, mediation training so that he/she can fully understand the training materials supplied in this book.

For your information as a bonus for purchasing this book, I have included the Martin Luther King Dispute Resolution Mediation Training Manual for community based, private and public mediations for the novice and to serve as a refresher for the experienced mediator. This manual is to be used to brush up on your already achieved basic mediation skills.

The compilation of this book has taken me considerable time in the selection of materials that I believe will be beneficial and of interest to my readers.

Materials range from short articles by me to indepth and involved articles by many well known mediators and agencies who were kind enough to grant me permission to use their work in my book.

The reader must take it upon himself/herself to read this book by reading the content list and may start at any article or writing that the reader feels fit. However, I highly suggest reading the book consecutively from Chapter 1 through to Chapter 7 including the appendices

Although, this book was carefully compiled with the interests of the reader in mind. I believe that the reader will enjoy most if not all the information provided; a training and resource guide all contained in one book.

Mediation is a career that has been held by many people throughout the centuries and a career which I currently hold; one which gives me great pleasure in practicing. Even though I compiled this book for the novice and professional mediator, I am still considered new to the profession even though I have been a practicing mediator for the last four years; I still have a lot to learn.

As with all careers one can never stop learning new skills, techniques, strategies and new specialties of mediation that can create a new and exciting sphere to one’s career. Mediation is never static, is forever fraught with new and exciting changes and policies for the mediator who can always benefit by educating himself/herself with additional mediation skills.

The purchaser of this book should have had at least basic mediation training. However, this book may be purchased prior to gaining mediation training. This book may serve as a reference for your practice, used for mediation training by mediation trainers and may also be purchased for educational purposes. The purchase of this book will be beneficial to you as you roam through the chapters to read and educate yourself on the many article topics and papers written on conflict resolution and mediation.

Mediation

Mediation has proven to be one of the best means of resolving conflict within society. However, the mediation process is not fully utilized by those in need of its services because of the lack of education, fear and mistrust of the process.

The non-utilization of mediation has resulted in increased conflict within societies in the United States for which there is a need for concern; a need to be alarmed at the rising state of despair throughout communities. Mediators need to be fully recognized as a vital service to prevent ongoing conflict within each city throughout the United States.

With the current societal climate, Mediators should be hired/utilized in vast numbers to curb the tide of conflict in cities today. Conflict which is prevalent because of the lack of mediation awareness and its benefits to many adults, teenagers and children; has resulted in the festering of uncontrollable conflict and violence throughout our communities.

Conflict and violence stem from the need for societal awareness of mediation and the need for mediators for the process. Disputes are many and are typical of man’s unmet underlying needs from Contracts to Civil Rights to Peer Mediation; the accessibility of mediators throughout the United States is of primary importance to assist in the reduction of conflict. Therefore, Mediators look forward to working within your communities as there must be some give between the thick layers of societal depression, and conflict/violence because of the lack of education of those who are afraid of the mediation process.

Dr. Martin Luther King Jr., was one of the most well known MEDIATORS in the world; he had a dream which became a reality despite the odds against him and his civil right leaders. Dr. Martin Luther King Jr., advocated for peace in the world; peace in the world today can be achieved by mediators. Mediators must quell the storm of conflict within our societies by educating the public that mediation is a viable, resourceful, efficient and less-costly means to resolve disputes.

Education! Education! Education! Is the key to resolving society’s poor state of affairs. For the aspiring and the experienced mediator; continue to educate yourselves. Mediators have been around for centuries, and we are vitally needed to dismantle the oppression of violence and crime that comes about because of the lack of Mediators used to prevent disputes from erupting into an expensive litigated state of affairs for all.

Barbara

CHAPTER ONE

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Mediation is a career that combined with your professional specialized training will bring you inherent rewards unlike no other.

Chapter One

How to become a Mediator

Barbara A. Bullen

M ediation a term used to denote the interaction of two parties gathered together with the assistance of a neutral party (mediator) to assist both parties resolve their dispute in a mutually satisfactory manner. A neutral person, is someone who has been trained in community based mediation training and/or mediation for litigated case training coupled with considerable applicable hands-on experience including volunteer work is considered to be qualified to be a mediator. A neutral (mediator) may then specialize in specific areas of mediation e.g. employment, family and divorce, civil rights, personal injury, commercial, real property etc.

Potential mediators today, are not required to have an undergraduate or graduate degree to practice as a mediator, however, if you intend to apply to the courts to practice as a pro bono mediator you may be required to have an undergraduate degree or graduate degree; for specific programs (check with the courts in your local area) the more education and training one can acquire during the pre-stages of gaining access to the field, the better.

Training sites in Los Angeles and throughout the United States can be found by net-working, internet search, membership in mediation organizations and educational institutions. For potential mediators, basic mediation training is sufficient to begin ones access to the field of mediation coupled with volunteer work, which I highly recommend. Most mediation training sites in Los Angeles, California have the capacity and some training sites are willing to retain their trainees as volunteers.

Working as a volunteer, not only gives you the badly needed experience that you need to practice in order to become a mediator but you will gain the skills of empathy, compassion and tolerance to the not-often but sometimes hostile, angry or upset clients that you may have to mediate with over the phone or by mediation (face-to-face) contact. Client contact is vital after your mediation training, coupled with intake procedures and paperwork that accompanies your duties. As a budding mediator you need all the client contact you can get in order to become a proficient and experienced mediator. You will need to be able to handle difficult clients and clients that never seem to listen or clients that will talk nonstop never leaving you any breathing room in which to respond. Proficiency and tact, empathy, compassion and understanding are all traits that you will become adept in and will become a way of life for you as you gain experience in your new found career. Once you become confident and adept in your new profession, you can approach employers for present or future job opportunities or open shop as a private mediator.

Many people may ask the question, how long should one volunteer at an establishment to become proficient as a Mediator? This question is answered by saying, it depends, on the individual. Some individuals can quickly grasp the terminology, practices and policies of the role of a mediator whereas others may require more time to become proficient at their work. However, not to worry for those who need to spend considerable time at specific agencies . . . it looks good on your resume. The more experience you gain, the better equipped you are to function as a Mediator. Mediators today are sought after in almost every field imaginable in California and throughout the United States, from the Law Office to Human Resources to the Health Field, employment can be found in almost every public or private agency. Potential mediators should consider joining some of the well established mediation organizations in California or organizations located throughout the United States and attend their many conferences, workshops or mediation opportunities that they may have for mediators.

How to become a Mediator Trainer

Barbara A. Bullen

I received a postcard dated October 29, 2010 that read, "To interested Party Re: Mediator Trainers Needed: Make $500-$5,000/day. We have been trying to reach you about this fantastic full-time or part-time opportunity. The deadline is November 15, 2010. For more information visit www.TrainingDollars.com or call 1-800-517-0857, then press 5. From Aleia Evans.

Having read the postcard, I became very interested and curious about becoming a mediator trainer. As a mediator, the need to expand my horizon by adding to my mediation qualifications the role of trainer was just what the doctor ordered, the remedy required to garner success in the field of mediation. I decided to register for the upcoming webinar September 26, 2010 held by Lakewood College, Lakewood, Ohio.

I was very much interested in becoming a mediator trainer and this webinar which went over the nuts and bolts of the mediator training was to become an appetizer to the main meal of mediation training by Lakewood College.

Tanya L. Haggins the instructor and a previous guest of Oprah Winfrey and Dr. Phil went over the tools one would need for his/her mediation training toolkit which included: learning materials, materials for his/her students and the materials for the promotion of his/her mediation training business. I have listed below an extract from Lakewood College Informational Flyer which was sent to me as a registered student.

Welcome to the 30 Day Train-the-Mediator-Trainer

After the next thirty days you will be prepared to begin making $500-$5000 per training day with your newly acquired skills. We will review all aspects of mediation training that will help you become a sought after and well-paid mediator trainer.

This training course is completely online and all you need is a computer and a telephone. If for some reason you are unable to attend any lesson, there will be links to recordings provided to you in the student portal . . . Although none of the assignments are graded in this course, you should follow along each day making sure to complete assignments as it will help you begin your mediation training business right away. If you are unable to attend any lesson, the recording will be available within 2 business days in the student portal . . . At the end of the course you will take an examination with the National Association of Certified Mediators so that you can receive your National Certification as a Mediator Trainer. There are no additional fees associated with this examination. We will provide testing instructions as we get closer to that date.

So Far so Good! No stone was left unturned assisting and educating the novice with the how, what, where and when logistics of becoming a mediator trainer. I was happy! 30 days of training, I was excited and more so when I found out what was in store for me.

Tanya Haggins provides her students with ample material and ample training to succeed as a mediator trainer as well as the opportunity to become a member of the National Association of Certified Mediators after successful completion of exam as a Mediator Trainer.

I was impressed and excited, looking forward to each day for a new lecture. Each lecture brings the student new information to aid in the developmental skills of that of a Mediator Trainer.

If you decide to register with Lakewood College for their Train the Mediator Trainer program, when you register don’t forget the time difference between your state and Ohio e.g. California is Pacific Standard Time and Ohio is Eastern Standard Time.

Lakewood College provides you with a Student Portal where you will find your reading materials, quizzes, assignments and informational material for your toolkit. If you get behind with the materials try to catch up as soon as possible with the material because Tanya Haggins provides a lot of material which needs to be digested and learned by you to succeed as a trainer. There are assignments but they are ungraded, however, by keeping up with the lectures, power point presentations and materials provided these training aids will help you to pass the NACM exam.

My journey from Day One to Day Thirty was filled with information and training that surpassed what I had anticipated when I registered as a potential student of Lakewood College.

The day finally came for me to take the NACM exam, I took the NACM exam and passed. I was elated but sorry that my training had ended, ending November 30, 2010. Tanya Haggins gives you 60 days from the start of the seminar to complete all assignments, quizzes, downloading any pertinent information and materials that you may need for your training needs. The NACM upon successful completion of the exam provides you with a Certification Card that states that you are a Nationally Certified Mediator Trainer.

Alongwith the 16 Hour Basic Mediation training in which you will be trained, there is also the 40 Hour Advanced Business, Family and Divorce Mediation training which includes student training manuals, power point presentations and role plays for both trainings to aid you in producing successful mediation training seminars. You will also be trained in how to custom-design your mediation training to fit your clienteles mediation needs.

If you would like more information on becoming a mediator trainer please contact the National Association of Certified Mediators, 244 5th Avenue, Suite T-205, New York, New York, 10001, Phone: [phone]. Email: [e-mail] Fax: [phone]. Website: www.mediatorcertification.org.

Mediation Training for Litigated Cases

Barbara A. Bullen

L itigated cases fills the inexperienced mediator with fear. The litigated case mediated; do I need to have the skills and knowledge of that of an attorney to mediate litigated cases? Where does one go to learn and be trained about these cases? Will I be able to learn all the terminology of a litigated case? What are the qualifications needed to become a mediator for the courts? Can I mediate litigated cases without being part of a panel of the courts? These are just some of the questions that are raised by the aspiring mediator of litigated cases.

There is no need to be concerned about mediating a litigated case; with the right training and the right attitude you may be successful at mediation and you do not need to have the litigation knowledge of that of an attorney to conduct the mediation. Community and private mediation agencies and/or law school’s curriculum differs and some are geared towards heavy litigation mediation skills training where others may not. Do not despair, because with time you will learn the basic forms and terminology that are used in the courts and in private practice by attorneys and experienced mediators.

Legal terminology is normally included in the requisite mediation training required by the courts and is a good step in the right direction to understanding legal terms used in the court system. You will not be expected to have the understanding nor the legal expertise of that of an attorney in learning the terminology of a litigated case but you will have to have a basic understanding of legal terminology and knowledge of mediation forms used in order to be efficient and proficient as a mediator for the courts or in private practice.

Check with the court in which you want to mediate and find out what their qualifications are to join their mediation panel before embarking on mediation training. When you have established what their requirements are to join their panel you will realize that mediation training whether basic mediation training and/or litigated mediation training will only prove to enhance your understanding of mediation and will be useful to you as you become adept to the mediation process. I encourage the novice or the experienced mediator to gain as much knowledge and training that one can muster in order to stay up todate with his/her mediation skills. Be aware of the qualifications to become a mediator for the courts in your area, then take the training needed to join their panel. By joining their panel over a period of time you will be able to mediate litigated cases.

You can mediate litigated cases without being part of the panel of a court but unless you’re an attorney/mediator you will be well advised to get some experience by joining the courts panel before setting up shop.

For the aspiring mediator and/or the attorney/mediator, contact our Center. If we are not able to help you with your training needs we will be able to point you in the right direction in gaining the training that may be required by the community centers, courts or for private practice.

As for mediating whether in private practice or with the courts, your toolbox should be filled with fix-it tools to remedy any situation that may result in a stalemate or impasse. The chapters in this book will assist you with garnering the right tools to have in your toolbox so that you will be better able to master mediating community based and/or mediating private or public litigated cases.

How to Conduct a Private Mediation for

the Litigated Case

Barbara A. Bullen

T he litigated case mediated for the private mediator begins with his/her selection by individual parties and/or their attorneys. The private mediator may have already made a name for himself/herself (credibility) in the field of mediation in that the mere mention of his/her name brings immediate action in the litigation arena to select that particular mediator for their mediation. The selection of the mediator may also depend entirely on his/her fee; does the mediator charge an hourly rate or a flat fee per day? Is the mediator specialized in that area of law for which his/her services are sought? Is the cost for his/her services reasonable compared to other mediators in their specialized field or is cost really the issue? Is the settlement of the case more important than the fees charged by the mediator? These are some of the questions raised by not only the parties but by their attorneys.

Some parties prefer attorney/mediators for their mediation litigation case and others prefer non-attorney mediators. The selection of the mediator may depend entirely on the specialized expertise of the mediator as well as the success rate of the mediator. In specialized cases e.g. EEOC, Patent, Contracts, Personal Injury where the mediator is selected based on his/her expertise with the type of case warranted, his/her expertise is held to be highly important. However, there are parties who prefer non-attorney mediators for their case because they believe the less the mediator knows about the law the better the outcome will be and the outcome of the mediation will be based upon the parties participation and cooperation with each other and not based upon the mediators knowledge of the law. If the mediator concentrates on the mediation process and keeps confidentiality and ethics foremost in his/her mind, the outcome may be successful because that mediator will not have preconceived ideas about the case prior to the mediation and he/she will have gained the trust of the parties involved.

The private mediator when contacted by a party and/or his attorney must prepare himself/herself for the mediation and be specific and accurate both with telephone conversations with the attorneys and/or the parties. The private mediator has to have good listening skills, good communication skills, be able to have good analytical skills, to be neutral and impartial and his/her office should be conducive for the mediation. The mediation should take place at the mediator’s office or an office elsewhere but never at the plaintiffs or defendants attorney’s office because this would break the neutrality of the occasion, unless both parties agree. Office décor and the arrangement of the furniture plays an important role in making the attorneys and their clients comfortable as well as supplying the clients with coffee, tea, juice etc., Office furniture should be placed in a manner that is welcoming to the parties, with refreshments provided to make the mediation a more relaxed and informal setting.

The private mediator or his/her assistant needs to contact the attorneys as soon as possible when selected for a case. Always return phone messages promptly whilst remaining neutral at all times. Do not discuss the case, discuss only administrative duties e.g. scheduling of appointments for mediation, the need to reschedule a mediation or the need to cancel a mediation. If the mediation is postponed or cancelled the mediator should bill for time lost for the postponement or cancellation of the mediation. However, to bill for these charges you will need to put the fees for lost time due to postponement or cancellation into the Mediation Agreement as well as your normal fees prior to taking on the case to safeguard yourself from lost clients, lost income and upset parties and/or their attorneys.

The mediation process includes phone calls and all correspondence sent to the attorneys and their parties in which the mediator should be accurate and fluent. The mediators correspondence should include information about the mediation process, confidential agreements, mediation agreement and any other relevant documents ensuring that he/she remains ethical during the whole process.

An important document that the mediator needs to have to be able to perform his/her role during the mediation is the brief. This brief informs the mediator about the case, the issues of the case, the cause of actions, the name of the parties and the name, address and phone number of the relevant attorney(s). A brief is requested from both the plaintiff and the defendant’s attorneys so that the mediator will have the facts of the case of both parties prior to the mediation, the attorneys may also send photographs, DVDs etc. The mediator will then be better prepared for the mediation and will be able to understand the issues and positions of both parties prior to the mediation.

When you have prepared yourself for the mediation well in advance and the day has finally arrived for the mediation, follow the mediation process that you have planned but beware of obstacles that may be in your way and plan for set-backs. However, be positive and have a professional demeanor at all times. After you have introduced yourself, informed the attorneys of the mediation process, the logistics, heard the facts by both attorneys, the mediator may let the attorneys run the show with the mediator steering the process along in a fair, ethical and neutral manner ensuring that both attorneys and their parties have an equal say in the proceedings. For the mediation to be meaningful both parties and/or their attorneys need to actively participate in the mediation. Private mediators work hard but find their work rewarding as their love for mediation overcomes their endless quest for resolution.

Note: For you to be located as a well-known mediator; contact mediator websites, or mediation organizations where membership guarantees you a placement in their membership lineup of mediators. Where with only a click of the mouse, you will be found in their database as a mediator located on their website according to your area of specialty. Listed will be your biographical information, a list of your specialized training, a list of the type of mediated cases that you have mediated including organizations that you are affiliated with. Mediators that attend membership functions also do well at networking and are able to meet the right contacts in the right field at the right time. Network! Network! Network! is the key to obtaining recognition and a name for yourself in the mediation world.

Mediation

Barbara A. Bullen

M ediation has become a household name, mediators may be employed in the private sector or employed by community agencies to serve the needs of their communities. Community based mediation provides the backbone to advanced mediation training for the litigated case, and specialized mediation training, therefore, one should be aware of what community mediation agencies have to offer in terms of resolving conflict within its cities and how unresolved conflict in the communities usually results in a high cost to clients of having to take their dispute to court.

Community mediation agencies can be found throughout California and the United States, some funded by public agencies, others funded by private agencies. Private mediators are on the rise, yet many oftentimes have to close up shop because of the lack of mediation expertise in gaining clientele for their practice. They oftentimes, blame the economy with statements such as with a high unemployment rate clients are less willing to spend money on a mediator to handle their dispute, people just don’t have the money these days to spend on resolving their dispute, they’d rather just try to get along with the adverse parties. Does trying to just get along with the adverse party normally work in society? No! Not only does the situation not work, but this type of situation leads to the intervention of law enforcement, public and private agencies to remedy or to enforce societal and governmental rules and regulations on disputants; where their dispute left unresolved leads to the escalation of violence in the community, in businesses, on the job, in the home and amongst friends. There is work out there for mediators; the key to finding work is to learn and follow in the footsteps of the Mediators those who have become successful in their profession and just simply ask them this question, how did you become successful as a mediator. These Mediators not only have a full mediation workload but commands the attention of society to view them as Masters of their Trade. How did they get there? Well one only has to attend any one of their trainings/seminars/workshops to understand why. Ask a lot of questions, attend each and every mediation training/seminar/workshop that you can afford, Network! Network! Network! Always ensure that you carry a lot of business cards with you to hand out at mediation trainings, seminars, meetings etc., and always try to meet as many successful mediators as you can and obtain their business cards at these functions; you never know by meeting and talking with other attendees what the long term result or relationship may be.

Mediation has become popular in the state, yet crime and violence continues to rage in cities because of the economic and social climate of the state, yet, many private mediators do not have enough work coming in to make mediation their day job. Mediators have been trained, some have received their certificates by private and public educational institutions, some by community mediation agencies and some by private mediators, yet they lack for work in a climate that is conducive to violence and crime. What can they do to alleviate the problem? The potential mediator can add professional skills training to his/her resume in a specific field thereby specializing and finding a niche for employment. This training will not only enhance his/her ability to gain new employment but to retain and possibly be promoted in their current job. Mediation training is widely recognized by employers as a vital skill detrimental to the success of restraining and preventing conflict in the workforce and mediation training will only enforce the positive aspects and attributes of the mediator at work. The company or corporation, therefore, may pay for the potential mediator to take mediation training. The employee should make enquiries to their employer to see if the corporation or company will pay for their mediation training before registering for training.

Today, there is a vital need for mediators; as we can see from the statistics of crime in the state. There is work out there for the aspiring mediator as well as the experienced mediator, the question is how does one reach disputants? Disputants in society can be reached by the education of children, teenagers, adults and seniors throughout the state with the knowledge that mediation can help in stemming the flow of violence and crime. Mediation can be taught in churches, in the workforce, at schools, at home in just about every institute or place imaginable. People should be taught that each and every time they refuse to mediate their conflict the cost in terms of their mental and physical wellbeing as well as the monetary outlay required; results in a costly outcome for the disputants.

Today, many adults and teenagers do not know; what mediation is? what is a mediator? and what a mediator does in relation to his/her work. Because, of the lack of education of people in society as a whole in relation to mediation, conflict continues to rage. Disputes that could easily be resolved by the parties in a mediation in a meaningful, inexpensive way, amounts to a very expensive financial affair for disputants as a result