Martin Burns – RICS, Head of ADR Research and Development

 

In my experience, lawyers and other professionals who become commercial mediators are driven by three things. They want to add a new product to their service offering, they yearn for the challenge of doing something new and intellectually challenging, and they want to get paid for doing mediations.

I was recently talking to a Chartered Surveyor who had just achieved ‘accredited’ status as a mediator with RICS. He got in touch with me to chat about how he might develop his experience, and maybe earn a few pounds. Here’s what I told him.

Accreditation by a reputable training body is only the first step in the process. If you want to be recognised and used as a mediator, you must not only have the desire but you must also have a genuine commitment to get where you want to be, and put the hours in.

 

Getting ahead of the competition

An aspiring mediator needs to get ahead of the competition. Do more focussed training on mediation techniques and communications skills. Getting accredited in the first place is not cheap. A commitment to invest further time and money is risky, but it is necessary if you really want to be a practising mediator.

Accreditation by bodies like RICS is a bit like passing your driving test. It signals that you have the essential skills required to be a mediator. You understand the role and you are far less likely to cause damage than someone who is untrained. But you probably have no real experience and you have not been tested by dealing with real life disputes and real people. A mediator who has put the hours in networking, gaining hands-on experience, and the reputation that follows, will be one step ahead of you.

 

Expand on your technical knowledge and practical experience

One of the things you can perhaps do is to learn about different mediation techniques, such as the “evaluative” approach to mediation. This will give you the edge over a mediator who has learned just the one approach to mediation, i.e. the standard facilitative method. Getting trained in evaluative mediation techniques will allow you to adapt to the needs of different parties.

If you seriously want to be a mediator, you must start the process of expanding your theoretical knowledge, and your limited practical experience obtained in training simulations. Get your hands dirty on pro bono and community mediations. Many local authorities and charities run mediation schemes at little or no cost to parties. They will often welcome mediators who are properly trained, have professional credentials and are prepared to offer their services. For the newly qualified mediators, these schemes can provide valuable opportunities to exercise their skills in real-life situations and learn from practical experience. Even though it will not be financially rewarding, the practice can be valuable and enhance your mediator’s CV.

 

Networking is key

I know lots of accomplished mediators and mediation trainers. One thing they all have in common is this: whenever I turn up at a mediation event, they are always there. So I often advise newly qualified mediators who are looking to practice their skills to network.

Join groups and participate in mediation clubs and forums. Get your name out there. Hang out with practising mediators and learn from their experiences. Swap business cards and then follow up. You could take experienced mediators out to lunch and use the opportunity to find out how they got to where they are.

Use networking opportunities to grab hold of experienced mediators who can act as your mentors. Persuade them to invite you to sit as an observer or even act as co-mediator on their disputes.

If you are based in the UK, consider joining the Civil Mediation Council (CMC), and perhaps getting involved in its work to promote mediation. You might also join organisations such as the Family Mediators Association, Restorative Justice Consortium, the Standing Conference of Mediation Advocates, the UK Register of Mediators and some of the numerous online communities that have sprung up on Linked In and elsewhere. If you are not based in the UK, do some research on bodies in your region that offer similar opportunities for networking and learning. The message is: “network, network and network”.

 

Know your strengths

Another bit of advice I gave to my aspiring mediator is to focus on his strengths. Some training and accreditation organisations will tell candidates that once they have been trained in mediation they can mediate any type of dispute. In my experience parties usually want mediators who really understand their disputes and are qualified in the subject matter.

Parties often see the role of the mediator as more than simply managing an exchange of information. Although mediators with technical knowledge and experience cannot give advice to the parties, they can rely upon their familiarity with the subject matter to ask questions which help the parties to properly consider the benefits and drawbacks of settlement options. If a party is being unrealistic an expert mediator can ask the questions that need to be asked in order to get the party to reality check its position.

Expertise in the substantive area in dispute also allows a mediator to quickly focus on the issues in dispute. A mediator who is familiar with technical aspects of a dispute can swiftly grasp the important facts and reduce the number of issues to those that really matter.

There is of course a question of degree. A mediator will never have the same appreciation of the facts around a dispute that the parties will have. So if technical knowledge helps mediators to mediate, then a question arises as to what level of expertise a mediator needs to have.

Shout about your areas of expertise and knowledge

My advice to any aspiring mediator is to generally focus on areas where your expertise and knowledge can be useful. Do not overtly promote yourself as a mediator of disputes that fall outside your normal sphere of professional activity. However, you may have had experience of a matter that enables you to understand technical issues and even emotive positions. I know one mediator who is a residential agent. He has been married 4 times. He routinely acts in divorce cases and is a particularly good mediator where the issues are around what to do with the former matrimonial home.

In summary, my top tips for commercial mediators are:

  • Network, network, network
  • Put the hours in to improve your knowledge and experience
  • Focus on applying your personal knowledge and your sphere of professional practice

 

For more information on the RICS Mediation Training Programme, please visit rics.org/mediation