Karl Kime Explains What You Need to Know to Pursue a Career in Mediation
One of the most exciting areas available to lawyers (and even non-lawyers) is mediation. Pursuing a career in mediation can be highly rewarding, providing a professional with stimulating challenges and the ability to help people resolve their legal issues without going to trial.
Karl Kime, an attorney and mediator from Coeur d’Alene, Idaho, explains what you need to know to pursue a career in mediation.
Qualities Needed by a Mediator
What are the qualities that make a good mediator? If you do not possess these qualities yourself, take the time to cultivate them before leaping into the profession. Generally, in order to participate on a court panel of mediators, the prospective mediator must be “certified” in an approved program, usually conducted by a law school.
First and perhaps most importantly, the mediator must be patient and tactful. Mediators need to exhibit a respect for the parties at all times. Any abrupt or rude behavior will cause the parties to lose respect for the mediator and reduce his effectiveness.
Mediators need to maintain professional credibility. They need to be articulate and to be excellent communicators. They must present themselves consistently, never promising what they cannot deliver.
A mediator must be able to remain objective and display self-control, particularly by keeping confidential information provided by one side confidential. Mediators cannot afford to exhibit personal feelings about the situation at hand, as their responsibility is to bring a fair resolution to the client’s problem. Even if they do have personal feelings about the issues, they must keep them under wraps. This carries over from the legal profession as a whole.
Mediators need to be adaptable. It is never certain what will happen during any mediation session, and mediators should always be able to put themselves in a client’s shoes. Adaptability means that mediators can target their approach and techniques according to the environment.
Another quality that a mediator must possess is perseverance. Frequently, mediators experience opposition or non-cooperation from their parties or the attorneys. Rather than becoming discouraged and giving up, good mediators redouble their efforts to produce measurable results.
Find Areas of Mediation That Appeal to You
Mediation covers a huge variety of subject areas, including adoption and family law, business, divorce, probate, public policy, and medical treatment, among dozens of others. According to your own professional interests in the law, you should choose a specialty that takes advantage of your experience and expertise.
Each specialty has different requirements, but if you are already practicing in one of these areas, you will be familiar with how the courts work for these issues. This familiarity will help you navigate the early years of mediation.
Research
The next task a mediator should accomplish is to fully research the subject areas where you plan to practice mediation. The American Bar Association Section for Dispute Resolution has many valuable resources online for current and would-be legal mediators, and each state has codes of ethics and procedures for the mediator.
Search for Mentorship
Another valuable step that you can take before becoming a mediator is to befriend a current mediator and ask for his or her mentorship. Spend time with a mediator in your chosen field and ask them about their work culture and the commonly covered problems that mediators help to solve. Find out how the network operates to find cases, how mediators become established in their niche, and how they have become successful. If possible (and with the express permission of the parties), you may be able to sit through a few sessions.
Training
You will want to avail yourself of all the necessary training to become a mediator. Most court mediator panels require at least 40 hours of formal training if you wish to be a member of the panel. There are many courses available online as well as in person. There are many ways to mediate a client’s issue effectively, and learning from a broad-based set of instructors can be a huge advantage.
You will need to learn the requirements to be a practicing mediator in each state you want to operate. Training requirements vary, and it is a must to know what you are getting into.
For divorce and family mediators, visit the Academy of Professional Family Mediators. For business mediators, visit the International Mediation Institute.
Starting Your Mediation Practice
Unlike the practice of law, there are not many stringent requirements for entry into the profession of mediation, which means that too many professionals in the niche are only semi-qualified. You will want to set yourself apart from these people by starting your practice incrementally. Focus on ramping up your practice over the course of one to three years. You will probably not want to quit your current job until your mediation income has begun to come in.
To get cases, you need to build an excellent professional reputation. Taking classes, networking with your colleagues in their chosen niche, and marketing yourself to potential clients will be your keys to success.
Becoming a Mediator
If you are interested in becoming a mediator, Karl Kime encourages you to do due diligence and research the field. Feel free to contact him for advice derived from first-hand experience. In addition to having a certificate in mediating the litigated case from the Straus Institute of Dispute Resolution at the Pepperdine University School of Law, Mr. Kime has taught negotiation on the graduate level. Targeting a specific area within mediation will allow you to use your existing legal knowledge to create the best possible outcome for your clients.
