Mediation Careers

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How to Reject an Offer or Demand

Impasse in mediation is common when you’re confronting a take-it-or-leave-it offer or nonnegotiable demand that the other party’s likely to reject. Instead of allowing the other party to reject the offer [more…]

When to Consider a Mediator’s Proposal

When the parties reach impasse because of exaggerated offers, one option is to present a mediator’s proposal — your professional, unbiased opinion of what you think both parties would likely accept to [more…]

Agreement via Concessions and Reciprocity

You may think your parties will never, ever agree. But consider this golden truth of human nature: When one person freely gives another something of value — time, information, goods, or, in negotiations [more…]

How to Define and Summarize Problems in Mediation

Rarely does a mediated dispute revolve around a single problem. Ask one of the disputants to define the problem and you’ll likely hear a 15-minute rant about everything the other party did wrong — failed [more…]

How to Prioritize the Problems in Mediation

After you have helped the parties in mediation develop a comprehensive list of problems, lead them through the process of ranking the problems from most to least important so they can deal with each problem [more…]

Discover and Invent Solutions in Mediation

Most mediated problems have numerous solutions, and good ones can be invented. When people collaborate they can solve nearly any problem imaginable. All they need is the creativity to discover a viable [more…]

How to Brainstorm Solutions in Mediation

Old-school brainstorming is a great way to come up with a list of possible solutions. Your job is to engage the parties in performing a preliminary analysis of each proposed solution to see how realistic [more…]

Get at the Heart of the Dispute

Through aggressive and defensive posturing, the parties have collapsed all the factors that have contributed to the unpleasant state of affairs. Any one of these factors, often overlooked by parties and [more…]

Explore Rights, Obligations, Remedies, Issues, Positions, and Interests

When a party in dispute is stuck on a single issue, one of the best solutions is to help him explore his rights and obligations, the available remedies for the perceived assault on his rights or over-estimation [more…]

How to Build a Bridge between Parties

When you’re the mediator and the parties are stuck, you can help them build a golden bridge — instead of asking the party to move where she doesn’t want to go, you begin at the point where she is right [more…]

What Happens with a Hard Impasse in Mediation

Hard impasse occurs when the mediation parties’ walk-away numbers are outside the zone of potential agreement. Suppose you want to pay $4 for a pair of sunglasses, but the vendor is asking [more…]

Give a Reason for a Demand or Offer

To give money meaning, the parties, with the aid of the mediator, need to provide reasons for every demand, every offer, every counteroffer, and every threat to walk away from the bargaining table. [more…]

Sources of Trust for a Mediator

Collaborative mediation requires that a certain level of trust be rebuilt between parties who stopped trusting each other long ago. The parties also need to develop trust in you and in the mediation process [more…]

Defuse the Discomfort Caused by Calculating Monetary Awards

When putting a price tag on something that’s priceless, such as a person’s health and wellbeing or the life of a loved one, start by acknowledging the impossibility of the task. Admit the inadequacy of [more…]

Strategies for Creative Solutions in Mediation

Here is some guidance on how to identify creative solutions to a mediated dispute, and how to apply these strategies. You can often help parties solve their mutual problems by bundling or unbundling issues [more…]

Use Mirroring to Lead Parties in Mediation

Mirroring is a mediation technique that capitalizes on the fact that people naturally tend to reflect what they observe. When you see someone in pain, you’re likely to wince in empathy. When you witness [more…]

Draft a Business Plan for Your Mediation Business

Entrepreneurs typically craft a business plan to persuade banks to lend them money. As a mediator, you too are an entrepreneur, but you probably don’t need a lender or a venture capitalist to bankroll [more…]

Draft a Budget for Your Mediation Business

You’ll need to draft a budget for your mediation business. Few businesses have a lower overhead than mediation does. All you really need is a roof over your head, a vehicle to get you from point A to point [more…]

Should I Incorporate My Mediation Business?

Incorporating sounds like something reserved for big business, but it offers a couple of perks for small businesses, such as mediation businesses, both legally and financially: [more…]

What Paperwork Do I Need In My Mediation Business?

Like most businesses, the business of mediation involves some paperwork. Fortunately, it’s fairly light, consisting of a couple letters and a contract. Here is some guidance on preparing the paperwork [more…]

What Are Typical Rates and Fees for Mediators?

Mediation rates and fees vary from as low as nothing for pro bono work to upward of $20,000 a day for commercial litigation. What you can expect depends a great deal on two factors: the arena in which [more…]

Market Your Mediation Business

When you choose a niche for your mediation business, you choose a market, and that market becomes the community in which you practice. Your market/community may be special education, healthcare, human [more…]

Establish an Online Presence for Your Mediation Business

When most people are in the market for something, including a mediator, they search for it online. When people search for mediation services, you want your name to pop up at or near the top of the search [more…]

Set Up a Facebook Page for Your Mediation Business

It’s easy to set up a page for your mediation business on Facebook. Although Facebook is almost exclusively a social venue, most of its members expect businesses to have a presence there, and the service [more…]

Use Twitter to Promote Your Mediation Business

Twitter is a popular social venue where you can and should be active to promote your mediation business. With Twitter, you send tweets, short messages that consist of no more than 140 characters, including [more…]

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