Mediation is a becoming a popular way to resolve legal disputes -- and the need for qualified mediators is growing by leaps and bounds.
If you're ready to explore a profession in this rapidly expanding field, start with Becoming a Mediator. This book is not only your guide to all the different career paths you can follow -- it helps you evaluate whether a career in mediation is right for you.
Written for both lawyers and laypersons, Becoming a Mediator provides:
a complete overview of what mediation is
information on where to get training and certification
practical advice about finding -- or creating -- work
examinations of careers in mediation, mediation support and mediation-related fields
sample rules and standards of conduct
This book also includes state-by-state listings of mediation offices, plus a nationwide listing of mediation organizations and services.
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To mediate means "to go between" or "to be in the middle." This, literally, is what mediators do. They go between people involved in a dispute and try to help them work out a solution to their problem.
Unlike a judge or an arbitrator, who listens to evidence and then imposes a decision on the parties, a mediator can't tell the participants what to do. Instead, the mediator's role is to help the participants communicate with each other, consider their dispute from different perspectives, and try to come up with a resolution that works for everyone.
You may have picked up this book because you are interested in mediation, but don't know much about it or about what mediators actually do. This chapter gets down to basics by explaining what mediation is and how it works -- and giving examples of the disputes that mediators help people resolve. We'll compare mediation to some of the other methods of resolving disputes, give a brief history of mediation in the United States, and describe a typical mediation session.
If you are already mediating cases and just want to know more about building a mediation practice or about jobs in the mediation field, you probably can skip this chapter. However, if you are new to mediation, even if you have some experience, you might want to review the material here.
The Mediator's Role
A mediator's only role is to work with parties to help them evaluate their goals and options and find their own solution to whatever problem is causing conflict between them. The mediator is not like a judge deciding who is right and who is wrong. Mediators don't give legal advice, even if they happen to be lawyers, and most mediators don't act as counselors or therapists (unless the parties purposely hire a therapist-mediator).
Exactly how a mediator helps parties reach a solution may be puzzling to those who aren't familiar with the process. Although each of us acts, at times, as a mediator -- department heads mediate between workers; parents mediate between children; friends mediate between friends -- most of us would not attempt to sit down in a room with total strangers and, in the course of an hour or two (or a day or two), try to help them find a solution to a problem that has vexed them for months or years.
Formal mediation involves a lot more than just getting folks together to talk about their problem. The work of the mediator, who is trained in conflict resolution, is central to the process, and it is helped along by the structure of the mediation session -- a highly ritualized, multistage proceeding.
Employing their skills through the different stages of mediation, mediators work to help the parties
identify the true issues involved in their dispute
understand the difference between what they want and what they need
understand the wants and needs of the other side, and
consider the possible options realistically.
If the mediator can help the parties do these things, the parties will most likely reexamine their previously fixed positions and become more open to a broader range of solutions.
Qualities of Mediation
There are many different ways of resolving legal or interpersonal disputes. Each has different positive and negative qualities -- although we believe, of course, that mediation's many benefits make it a good dispute resolution choice for most situations. In this section we compare mediation to other forms of dispute resolution and discuss exactly what makes mediation such an effective way to resolve conflict.
Table of Contents
1. What Is Mediation?
2. Self-Evaluation: Is Mediation the Right Career for You?
3. Where Mediators Work
4. Mediator Training and Education
5. Job Opportunities in Mediation
6. Job Opportunities in Mediation Support
7. Job Opportunities in Mediation-Related Fields
Appendix A. Sample Rules of Mediation
Appendix B. Standards of Conduct for Mediators
Appendix C. National and Regional Mediation Organizations and Services
Appendix D. Statewide Mediation Offices
Appendix E. Degree and Certificate Programs in Conflict Resolution
Reviews
Joyce Lain Kennedy, Syndicated Careers Columnist...
Becoming a Mediator is the only book I've seen that lays out an up-to-date blueprint for getting into an engaging career...
Judge Paul A. Aielle (Retired), Legal Editor, The Electric Review...
Lovenheim and Doskow, in a satisfying read, effectively present those interested in a mediation career with all of the information necessary to make that dream a reality.
About the Author
Peter Lovenheim is a graduate of Cornell Law School, a professional mediator and author of Nolo's How to Meditate Your Dispute and Mediate Don’t Litigate. He has served as legal counsel and director of program development for the Center for Dispute Settlement in Rochester, NY and is the founder and president of Empire Mediation and Arbitration, a private dispute resolution company headquartered in Rochester.