If the best general is the one who never fights, then the most efficient Mediator is the one who maintains neutrality while hearing and understanding the diverse perspectives and evidence in a conflict without judging or interrupting the parties involved. Mediators use their legal knowledge to foster con... Continue Reading
USA 
UK 
Explore Career If the best general is the one who never fights, then the most efficient Mediator is the one who maintains neutrality while hearing and understanding the diverse perspectives and evidence in a conflict without judging or interrupting the parties involved. Mediators use their legal knowledge to foster conflict resolution among disputants by negotiating a compromise rather than having them engage in a costly and time-consuming court process.
What are the typical responsibilities of a Mediator?
A Mediator would typically need to:
Mediators typically work in offices, meeting with disputants and conducting hearings in meeting or conference rooms or community facilities. If you work full-time for a specific organisation, such as a private enterprise, government agency or a labour union, you are usually given a private office. You may also use the organisation’s meeting rooms to carry out negotiations and hearings.
You may need to travel to neutral sites in some cases.
Office-based Mediators typically follow a regular workweek, working from 9 am to 5 pm. However, you may need to put in hours of work in the evenings or on weekends.
You may find both part-time work and job-sharing opportunities.
Finding a new job might seem challenging. Mediators can boost their job search by asking their network for referrals, contacting companies directly, using job search platforms, going to job fairs, leveraging social media, and inquiring at staffing agencies. You may find opportunities in public sector enterprises engaged in education, healthcare and social work.
Mediators are generally employed by:
Professional associations and organisations, such as the International Council for Commercial Arbitration (ICCA), are crucial for Arbitrators interested in pursuing professional development or connecting with like-minded professionals in their industry or occupation. Membership in one or more adds value to your resume while bolstering your credentials and qualifications.
Academic programs that potential Mediators take up may require a period of supervised experience, such as an internship.
Given that mediation is often a supplementary career, you may already possess experience of working in fields of public interest, such as law, social welfare, family support, human resources, and workplace support. If not, then paid or volunteer opportunities working with children, teenagers and adults in social care, patient advocacy, and family law practice settings will help you learn how to address mediation cases.
An entry-level role will allow you to move into higher positions to build experience and leadership skills. Typically, you would need to train with an experienced Mediator before tackling cases independently.
Read about the profession and interview or job shadow experts working in mediation to prove your commitment to course providers and prospective employers.
A bachelor’s degree is typically the minimum qualification that aspiring Mediators require. A law degree may not be mandatory to acquire for most roles. Fluency in a second language is helpful in international arbitration.
Choose your major during your bachelor’s degree program, keeping in mind the area in which you wish to specialise. Common majors include business, which prepares you for general or corporate mediation roles; finance, which prepares you to mediate in the banking industry or financial departments of enterprises; and communications, which focuses on diversity and prepares you for mediating conflicts in diverse fields. You may also major in public policy, public relations, political science and social work. Courses in psychology, consumer law and public speaking are helpful for a career in mediation.
Some universities offer master’s degree programs in conflict resolution and arbitration.
Depending on your field of interest, such as civil or family mediation, you may join relevant training programmes conducted by professional associations. You may also earn credentials by fulfilling additional requisites, such as experience and portfolio submission. Independent Mediators and community organisations also conduct training programs that you can join.
Specific modules in bachelor’s degree programs may familiarise you with topics such as issues and crisis management, leading you to study mediation & alternative dispute resolution during a master’s degree program.
Certification or registration by relevant professional bodies demonstrates a Mediator’s competence in a skill set in compliance with acceptable industry standards. It also ensures that they have suitable insurance and engage in continuing professional development (CPD) periodically to stay current with developments in the field and legislation.
When acquired from an objective and reputed organisation, certification can help you stand out in a competitive job market, carry a significant salary premium of up to 18 per cent, increase your chances of advancement, and allow you to become an independent consultant. Successful certification programs protect public welfare by incorporating a Code of Ethics and providing access to a complaints procedure.
Certification is typically earned through work experience, training, and passing an examination. Accreditation time varies according to location, requirements, and the amount of mediation work you do.
You may require licensure, depending on your jurisdiction. Individual government entities conduct the licensing process. It typically involves the passage of an examination in addition to the fulfilment of eligibility requirements, such as a minimum level of education, work experience, training, or the completion of an internship, residency, or apprenticeship.
Performance, experience, and the acquisition of professional qualifications drive career progression. Employees with consistently high levels of performance may be eligible for promotion every two to three years.
Once you acquire adequate experience, you can launch your own mediation practice. You could also provide training services for aspiring Mediators or become a Service Manager.
Other career paths include branching out into housing, social work or advice work, where you can use your mediation skills and experience. You could take on the role of Policy Analyst, Contract Negotiation Manager, Ombudsman or Fact-Finder. You could also work as an Appraiser, Examiner, Claims Adjuster or Investigator. Progression to the roles of Alternate Dispute Resolution Coordinator or Mediation Commissioner is also possible.
If you start as an attorney, you could rise to become a Partner in your firm. Mediation in financial matters may lead you to consider becoming a Financial Analyst, Finance Manager or Chief Financial Officer after fulfilling any additional academic or other requirements.
Candidates with the necessary skills, experience, and education have the best job prospects.
Continuing professional development (CPD) will help an active Mediator build personal skills and proficiency through work-based learning, a professional activity, formal education, or self-directed learning. It allows you to upskill continually, regardless of your age, job, or level of knowledge.
You may join specialist training courses, refresher courses, workshops, conferences and other events hosted by accredited mediation training providers. You may also join associations that allow you to network with your counterparts in your field of mediation or others.
When dealing with family cases, training in special educational needs and disabilities may prove helpful.
Research is useful to expand your professional knowledge and make the mediation process more effective. It also helps you clarify the role of mediation to other professionals and the public and strengthen it.
Mediation vs Going to Court
Mediation aims at settling differences through an informal dispute resolution process to which the parties involved must agree as there is no legal compulsion to enter into it unless there is a court order. Disputants who agree to mediation hope to resolve issues faster and at less cost than a formal court trial. The process rests on communication and discussion that the Mediator facilitates between the parties to bring differences and legal issues into the open.
After exchanging offers, the settlement arrived at is meant to be mutually agreeable, whether it is of a monetary or other nature. All mediations may not be successful, and there is no legal binding on any party. If agreed upon, the parties may sign the settlement. If not, the parties are free to exit the mediation process and proceed to court.
In contrast, a formal lawsuit in a court may be filed by nearly any party at any time, creating a legal obligation for the defendant to submit a response regardless of whether they consider themselves guilty or not. No aspect of the court process is optional, and summons from the court make attendance mandatory. Court appearances may stretch over months or years, making it a costly, time-consuming and laborious process, as a trial of the issues needs constant preparation.
Litigation typically begins with exchanging documents and relevant information, filing court requests, and proceeding to trial. Since the court process does not involve a mutual discussion, the parties involved cannot expect a mutually acceptable settlement of their issues. Some courts and judges mandate alternative dispute resolution to encourage pre-trial settlement. During a trial, however, the judge delivers the resolution of the legal and factual issues under consideration, and the court decision is final and binding.
Types of Mediation
Mediators are called upon when organisations and individuals wish to avoid the court process. Legal and professional matters or those of public interest require qualified mediators. Among the issues and disputes that need mediation are child custody arrangements during divorce, landlord/tenant disputes and neighbour disputes. Other disputes involve financial matters, employment matters, industrial strikes, and crime-related justice.
Mediation may take place face-to-face or through telephonic, written and virtual communication, depending on the nature of the dispute, the location of the parties, and any other legal, economic or social constraints.
Arbitrators, Mediators & Conciliators
As attorneys, business professionals or retired judges, arbitrators are usually experts in a specific field. They decide disputes as impartial third parties, working alone or on a panel of arbitrators. They may be called upon to settle procedural matters, including the evidence that may be submitted or the schedule of hearings. Some disputes may require arbitration by law. However, in other cases, agreement to go in for arbitration is voluntarily given by the disputants to avert litigation or trial in court. In either case, the parties may appeal the arbitrator’s award.
Working as neutral parties in a case, Mediators facilitate dispute resolution, but, unlike arbitrators, they do not deliver binding decisions. Their job is to guide disputants towards a viable and mutually acceptable agreement, in the absence of which the parties may opt for other pathways.
Although working in a capacity similar to that of Mediators, conciliators guide disputants towards settling a case, typically meeting each party separately. However, opposing parties decide in advance whether or not the conciliator’s recommendations will be binding.
Potential Pros & Cons of Freelancing vs Full-Time Employment
Freelancing Mediators have more flexible work schedules and locations. They have full ownership of the business and can select their projects and clients. They can target the number of cases to take each month or year and establish a fee system based on the case and the work it needs. However, they experience inconsistent work and cash flow, which means more responsibility, effort and risk.
A full-time Mediator, on the other hand, has company-sponsored health benefits, insurance, and retirement plans. They have job security with a fixed, reliable source of income and guidance from their bosses. Yet, they may experience boredom due to a lack of flexibility, ownership, and variety.
When deciding between freelancing or being a full-time employee, consider the pros and cons to see what works best for you.
Mediation may result in disputants perceiving fairness and deriving satisfaction from the outcome of an out-of-court case settlement, given their own participation in a process that is voluntary, confidential and saves both time and money. Mediators also play a crucial role in giving parties a chance to preserve their relationship by making the settlement process less intimidating and more communicative.
As a new Mediator, keep an open mind to using different methods and strategies even while you depend on tried and tested ones. You never know what might work until you try it out. Be aware that mediation is a process and that each step is crucial. However, also remember that you must consider various other factors than just the process, and you must also relax to do your job well.
Agreements arrived at through the process of mediation are not legally binding.
What do Mediators do?
A Mediator would typically need to:
Accredited
