Everything you need to enter the exciting field of legal mediation

To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion—all the while remaining neutral without formulating biased judgment. Success as a Mediator For Dummies helps you acquire these attributes and much more.

Aspiring mediators will learn the importance of upholding an honorable ...

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Success as a Mediator For Dummies

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Everything you need to enter the exciting field of legal mediation

To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion—all the while remaining neutral without formulating biased judgment. Success as a Mediator For Dummies helps you acquire these attributes and much more.

Aspiring mediators will learn the importance of upholding an honorable reputation, the skills, personality traits, and characteristics of a good mediator, and how to effectively market a successful mediation career. Plus, you'll get practical advice about finding work in the field, realistic salary information, and tips on as tips on identifying whether you have the skills and tools to become a good mediator.

  • The steps necessary to become a mediator (education, training, licensing, states-specific requirements, etc.)
  • How your education and professional background can enhance your mediation work
  • Sample rules and standards of conduct
  • All the steps necessary to build and market a successful private practice in mediation, or flourish as a mediator in a law firm, corporation, school, or non-profit organization

Whether you have a background in law or an interest in legal careers, Success as a Mediator For Dummies gives you everything you need to enter the exciting field of legal mediation.

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Product Details

  • ISBN-13: 9781118206416
  • Publisher: Wiley
  • Publication date: 3/9/2012
  • Sold by: Barnes & Noble
  • Format: eBook
  • Edition number: 1
  • Pages: 360
  • Sales rank: 635,431
  • File size: 3 MB

Meet the Author

Victoria Pynchon is a mediator, author, speaker, negotiation trainer, consultant, and attorney with 25 years of experience in commercial litigation practice. Joe Kraynak is a professional writer who has contributed to numerous For Dummies books.

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Table of Contents

Introduction 1

Part I: Acquiring the Keys to Mediation Success 7

Chapter 1: Achieving Success as a Mediator 9

Chapter 2: Choosing the Right Niche 21

Chapter 3: Training for Your Chosen Market and Niche 35

Part II: Becoming a Master Mediator 61

Chapter 4: Navigating the Mediation Process 63

Chapter 5: Mediating with and without Lawyers 83

Chapter 6: Exploring Different Mediation Styles 97

Chapter 7: Honing Essential Mediation Skills 115

Chapter 8: Employing Conflict Dynamics to Resolve Any Dispute 135

Part III: Improving Your Success Rate 157

Chapter 9: Establishing and Maintaining Control 159

Chapter 10: Transitioning from Adversarial Negotiation to Collaborative Mediation 173

Chapter 11: Capitalizing on Your People Skills 187

Chapter 12: Problem-Solving Like a Pro 201

Chapter 13: Breaking through Impasse 219

Chapter 14: Closing and Memorializing the Parties' Agreement 245

Part IV: Launching Your Own Mediation Practice 255

Chapter 15: Building Your Business from the Ground Up 257

Chapter 16: Marketing Yourself and Your Business Online and Off 273

Chapter 17: Growing Your Business through Client Retention and Community 289

Part V: The Part of Tens 303

Chapter 18: Ten Practices of the Super Mediator 305

Chapter 19: Ten Major Mediating Mistakes and How to Avoid Them 311

Chapter 20: Ten Tips for Busting Impasse 317

Index 323

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Interviews & Essays

Cheat Sheet for Success as a Mediator For Dummies

From Success as a Mediator For Dummies by Victoria Pynchon [with Joe Kraynak]

To achieve success as a mediator, you need to be able to talk the talk, walk the walk, and show everyone in your market just how good you really are. You'll need to understand the mediation process and the fundamentals of being a good mediator. As with any business, you need to generate business, so follow some basic tips on finding new clients.

Grasping the Mediation Process

Having a structure in place helps ensure that parties stay on track and progress toward a resolution for their dispute. The process isn't always linear, but it does have several stages that go something like this:

1. Convene the mediation.

Contact all stakeholders and their attorneys if they have legal representation.

2. Introduce the participants.

Have the parties and other participants introduce themselves.

3. Explain confidentiality and your role as a neutral.

Assure the parties that nothing they say in mediation can be used against them in the court of law and that you will remain neutral.

4. Set the ground rules.

Establish guidelines for polite conversation, or help the parties establish their own.

5. Make an agenda.

Help the parties draw up an agenda that breaks down the issues to be resolved and the interests to be served.

6. Let each party tell her side of the story.

In a litigated dispute, this may be the first time the parties have had the opportunity to tell their stories.

7. Ask questions to clarify the issues.

After each party tells his story, ask open-ended questions to obtain more details that will illuminate or reveal unspoken party interests.

8. Brainstorm solutions.

Assist the parties in coming up with possible solutions that serve each party's interests. Your goal is to "expand the pie" so the parties have more options than money alone.

9. Choose or negotiate available solutions.

Using the available solutions, help the parties come to an agreement that serves as many of each party's interests as possible.

10. Close and memorialize the agreement.

Assist the parties in putting the terms of their agreement in writing to make the agreement more durable.

Exploring Mediation Fundamentals

To be a master mediator, you need to master certain fundamental skills, strategies, and techniques. The following are all traits of a well-trained mediator:

• Anchoring: An anchor is any relevant number (or idea) that enters the negotiation environment. The party who puts the first number on the table, for example, anchors the negotiation in her favor throughout the course of the negotiation.
• Appealing to higher values: Using shared beliefs or principles to reach agreement, such as both parents' desire to do "what's best for the children."
• Asking diagnostic questions: To get the whole story, probe each party with open-ended questions that call for narrative (as opposed to yes/no) answers. These questions always begin with Who? What? When? Where? Why? and How? or Tell me more about that.
• Bracketing: The use of hypothetical offers and demands to narrow the gap that separates parties without requiring either party to commit to a number. For example, "If Party A were to increase his offer to $75,000, would you be willing to lower your demand to $100,000?"
• Distributive bargaining: A negotiation in which the parties bargain over who gets the biggest portion of a fixed pie of benefits. Even if you're facilitating an interest-based negotiation, eventually the enlarged pie of benefits must be distributed among the parties.
• Forming contingent agreements: Adding "If . . . then . . ." language to a contract to alleviate a party's concern over a future event that may undermine the party's interests.
• Framing: Change the parties' perspective to something more positive. Mediators often reframe the parties' dispute from an adversarial contest to a problem-solving exercise and from the identification of who's right to the search for solutions that make everyone happy.
• Interest-based negotiation: A negotiation in which the parties identify each other's interests (needs, desires, preferences, priorities, fears, and appetite for risk) and then seek to reach an agreement that serves as many of those interests as possible.
• Logrolling: Giving something that's low-cost for one party but high-value to the other party in exchange for something that's high-value to the first party but low-cost for the second party.

Generating Business as a Mediator

To be a successful mediator, you need to be successful, commercially. Consider the following strategies for generating business as you begin your career as a mediator:

• Attend conferences and events that expose you to your mediation and market communities. Attend at least one group event every other month.
• Claim your online business listings. Make sure you have a listing on Google Places and Yelp, claim the listings, and then flesh them out with additional content, including your website or blog address.
• Join and serve in organizations that expose you to your mediation and market communities. These may be mediation, industry-related, or community organizations. Be active in the organization. Take a leadership role to raise your profile.
• Keep in touch with your clients. The best place to look for new clients is through your current clients. Keep in touch with them via e-mail or regular phone calls. Checking in once or twice a year is usually sufficient.
• Launch a website, blog, or both. You need to have an online presence, and having a website or blog is an important first step.
• Pass out and collect business cards. Pass out business cards to everyone you meet, and collect their cards. Ask if they want to receive your newsletter and whether they prefer e-mail or standard postal delivery.
• Post press releases and distribute newsletters. Write articles that are relevant and of value to your market and use the Internet to post and distribute them.
• Spread the word via social networking. You should have a Facebook page dedicated to your mediation business, along with a Twitter and LinkedIn account. Get involved in LinkedIn discussion groups relevant to mediation and your market.

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