mediatorinthemaking.com

You might have seen my recent post, “Giving the milk away – was Mom right?” Well, a very good conversation occurred recently on MediationMensch, MediationChannel, and mediator blah…blah… regarding the prospects and challenges of making money mediating as outlined in Urška Velikonja’s “Making Peace and Making Money: Economic Analysis of the Market for Mediators in Private Practice.”

When I first sat down to write about this, and the fascinating conversations it’s sparked, I took a sweeping, detailed, rather long approach. I found it gratifying to see a study echoing comments I’ve made myself in posts such as the one referenced above, and this one. My reactions were similar to many readers’ to the questions and hypotheses posed, the anecdotal evidence shared … and I wanted to give my two cents.

But really, much of what needs to be said has been already. Important questions are being asked about whether mediation is meant to be a profession, what changes need to be made to training programs, whether there really is a lack of demand for mediation services or if we’re just not trying hard enough to promote our services. I encourage you to read the posts on my friends’ blogs, and the very well written comments, as well as at least a few of Veilkonja’s plain facts:

• “Of those who decide to become mediators, 80% cannot make a living solely as mediators … 15% keep busy, make a decent living…the top 5%…can gross…a million dollars per year.”

• Approximately 25,000 volunteer mediators are practicing in community mediation centers in the U.S. “A large percentage of disputes…are mediated in free public programs.” Meanwhile, only 10,000 mediators make $50k or more per year. And various government, corporate, labor, educational and legal agencies employ just 4,000.
• “Mediation remains a choice that is more often than not the result of a judicial or legislative mandate than of party choice…Mediators do not offer clients what they are looking for: a process where the prerequisite is not to be trusting, reasonable or logical, but a process where they can be angry and resentful … that works and … they will not be exploited.”
• “While … a “massive amount of…mediation work” is going on in organizations, little of it is compensated and purchased separately, and is instead part of a managerial or government job.”

I’d like to discuss two aspects of this paper, which related to my own experience: overoptimism bred by training programs, and the winner-take-all economy.
It’s all rainbows and lollipops.

A recurring theme in this paper is “entrant overoptimism.” A number of my cohorts in the 40 hour basic training I took last fall expected to jump in to their new, lucrative mediation careers the day they went home with their certificate. Or maybe the day after that. Some were between jobs, others were eager to transition from related careers like family law or psychotherapy. A considerable portion were far more optimistic than I, even with our trainers’ warnings and realistically bleak pictures of making it anything more than an avocation.

I vividly recall one trainer explaining that it took five years and $70k in debt before mediation fed the family. My most optimistic cohorts seemed unfazed by this. Some seemed not to have read books or blogs about the profession before arriving for training. They were unaware of the mini-sized market for mediators, the personal and professional challenges of attempting to mediate full time. I do not place so much responsibility as Veilkonja does on the trainers, but more on the students. We must enter such weighty endeavors with eyes open. Many people do more research before buying an iPod than some students had done before endeavoring to change their own and their families’ lives.

Still, the mere existence of the revolving door of training sessions, each churning out 20+ newly trained neophytes, could be contributing to “overoptimism.” I can see how some would assume that if ‘they’ are training so many new mediators, there must be work. Having gone to a music college, I see the flaw in this logic. But to my point … Is that overoptimism such a bad thing? Veilkonja seems to think so, citing the cost society incurs for individuals paying large sums for training, and foregoing other career options, deep in their fog of overoptimism. Perhaps many learn a hard lesson when they finish their training and hang their shingle, and no one bangs the door down. And perhaps this perceived cost to society is worth what we get for it: more people, in more professions, households and communities, skilled in and inspired to learn more about conflict management and mediation.

Winner-take-all

First a definition if, like me, you have not studied basic economic principles. Reward is relative and concentrated “in the hands of the few”. Pay is not proportionate to anything. “While those near the top win big, everyone else is far behind, and their reward bears little relationship to how close they were to winning.”

Compare this to human capital theory, which applies to most markets and “predicts that workers…will be paid in proportion to the value of their productive contributions…Pay is distributed based on talent…and on the willingness to expend effort…”

Having graduated from a music college and since transitioned into nonprofit work, these theories resonate with me. I see how they are at work in the world of mediation. Consider Kanye West as compared to – well, any of the thousands (yes, thousands) of bands in the Boston area alone. The disparity is obvious. It sometimes seems as though there is little or nothing between mega-star and hobbyist in the music world. Of course this is not entirely true. There are teachers (school and private lesson), recording engineers, composers, recording artists, software engineers, combinations of these, the list seems endless.

But. For a fair comparison between the winner-take-all markets of music and mediation, we must only consider music performers. As Veilkonja rightly points out, mediation is not a reproducible act. It is the performance of the act of mediating a case that is done by Ms. Mediator in her way that creates a name, a reputation. Veilkonja also rightly points out that once I could buy a CD of Pavarotti, the next best guy was doomed to obscurity. If I can get Pavarotti, what do I need with Jones? And so the top few mediators, the ones with the most work behind them and the strongest reputation, continue to be the most sought after. The mega-stars.

All of you who play guitar in the basement through their headphone amp, or load in to Boston bars on Friday nights after long work-weeks, you know of what I speak. All of you mediators working 100+ hours a week to mediate, coach, self-promote, and after at least five years barely make a living – or barely break even. You know of what I speak. There is very little between that mega-star and the amazing hobbyist. Talent is not the major factor.

I must thank Urska for putting this very real picture of the mediation world in my head.

To learn more about this theory, Veilkonja recommends The Winner-Take-All Society by Frank & Cook. I think this might be a popular book for all mediators interested in either exploring the challenges to making money, or in changing the profession.

And finally, if you’ve read all the way to here, thank you for considering my thoughts. Aren’t you glad I didn’t take the sweeping, detailed, long-winded approach I started with?

I was writing up a leadership tutorial today, creating a mini-collection of the leadership methods I’ve learned from various sources — including mediation training — and put into practice in my work. As often is the case, my mind wandered into various related corners and so lead me to consider the benefits of a transparent approach to working with people in multiple contexts.

My focus was on training the volunteer leaders I work with to put into practice some of the same leadership skills I use working with them. I hadn’t been full conscious of the fact that to date I had not yet provided this information quite so transparently. Why? I work with very capable and experienced people. Perhaps it was a fear that revealing all of the ‘tricks up my sleeve’ would render them less effective.

This seems to be the flavor of conversations I’ve had with experienced and novice mediators regarding the benefits and pitfalls of varying degrees of transparency in the mediation room. Like in many of the situations I find myself in at work, I think the degree of transparency appropriate in the mediation room depends on the situation: the person, the content of the conversation, even the timing.

In this brief moment of clarity, I find that I am much more hopeful about the benefits of transparency in leadership than I realized. And I am eager to be more conscious about testing the waters of transparency in the mediation room — as well as in difficult conversations during which I get to employ some mediation magic.

I’m not certain that I’ll have a whole lot of opportunity to test the waters of transparency in my small claims work. But in other settings both professional and personal, I might find opportunities. And it’s something I’ll remain mindful of as I explore new venues to flex my mediation muscles.

Anyone have any resources to suggest for further study on the subject?

You know the old saying about the milk and the cow. Feminist perspective aside, some are wondering if this adage might apply to the professional mediation community.

There are a whole lot of people in the Boston area alone practicing mediation and conflict resolution in various ways. Some make very comfortable livings doing mediation or a combination of mediation, arbitration, negotiation, coaching and even ombuds consulting. Some combine these works with other work. And many, like me, do this work as an avocation. For free.

I can’t help but think back to my days in the Boston music scene. There are literally thousands of bands in Boston alone. Many are happy to play for free (or really end up paying to play by the end of the night). And with so many bands drooling just to have an audience, any audience, bars have little or no reason to pay bands anything. That is, no reason until a seemingly miraculous chain of events combine with an incredible amount of hard work and a lot of supportive people to land that band with a few bargaining chips in their pocket.

Is it the same in the world of mediation? I’m looking at you, experienced Boston mediators, especially. Post your comments and share your thoughts or add some more questions.

Does giving it away make it harder to make a living?

Are we promoting awareness of the profession through all this volunteer work, and so making it more possible for more people to find conflict resolution a profession rather than avocation?

This morning, doing one of my favorite things – listing to This American Life – I heard an interview with violence interrupter Tim White of CeaseFire. Tim is a former gang member who now fills an extremely compelling role in the world of conflict resolution.

With an “intimate knowledge of what motivates an urban youth to shoot,” violence interrupters are trained by violence prevention experts and then connected in to neighborhood networks in order to intervene before violence happens. Usually, this means stepping in when revenge violence is likely.

CeaseFire’s efforts have substantially decreased the rate of gun violence in a city suffering what has been deemed a public health epidemic.

As I explore the practice of mediation, I am exploring how it and related practices such as conflict resolution, conflict management, coaching and negotiation, are practiced professionally. Every now and then, I’ll share with you here brief profiles of the career paths I find intriguing, inspiring, or otherwise noteworthy.

Violence interrupters take a unique path into the world of professional conflict resolution, perhaps making their work all the more compelling to me. It is a true community empowerment model. Community members becoming leaders of conflict management within their own communities. Modeling the change they wish to see in their part of the world.

I’m so glad to know that this exists.

For a more in-depth treatment of the program, hear an interview with the director or visit the Executive Summary: Evaluation of CeaseFire-Chicago published by Northwestern University Institute for Policy Research.

The following is a selective listing of Boston area mediation, conflict resolution and negotiation trainings and events for April and May 2008.

Find additional training listings at Mediation Works, Inc. (basic training or advanced) and the Harvard Program on Negotiation.

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April 9, 2008 2pm to 4pm
ADR Professions Colliding:
Addressing the Tension Between Mediation and Collaborative Practice
from Massachusetts Council on Family Mediation, Inc.
Presenters: Lynda J. Robbins, Esq., and Karen J. Levitt, Esq.

Location: Arnold Room, Wellesley Free Library, 530 Washington Street, Wellesley, MA

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April 13 - 16, 2008
International Ombudsman Association Annual Conference
3rd Annual Conference of IOA: “Making a Difference-The Ombudsman Impact”
The Boston Park Plaza Hotel, Boston, MA

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April 16, 2008 8:30 - 10am
(Continental Breakfast at 8am)
Dispute Resolution Forum
from Harvard Law School and the Program on Negotiation
Speaker: Rikk Larsen, mediator, trainer, conflict coach, Managing Partner at Howell Larsen Associates, founding partner of Elder Decisions

Location: John Chipman Gray Room, 2nd Floor, Pound Hall

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April 17, 2008 2pm - 5:30pm
Assessing and Addressing Power Imbalances:
Abusive Relationships and the Collaborative Process
from Massachusetts Collaborative Law Council
Presenter: Professor Margaret Drew, University of Cincinnati College of Law

Location: The Walker Center, 171 Grove Street, Newton, MA

Attendance is limited, so register early at Massachusetts Collaborative Law Council
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April 28, 2008 9am - 4pm
Managing Conflict in the Workplace
from Cape Mediation
$150.00($125 by 3/28)

Location: Willy’s World Wellness & Conference Center in North Eastham

“Workplace conflict is inevitable … Learn a proven problem-solving model
and practical skills to help deal with conflict between staff, management, and customers.”

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May 2-9, 2008
CDSC Basic Mediation Training
from Community Dispute Settlement Center

Location: CDSC, 60 Gore Street, East Cambridge, MA
Cost: $695 ($650 if registration recvd. by April 3)

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May 21, 2008 11:30am to 2pm
(Social Time 11:30am to 12pm)
Overcoming Impasse – Tools to Empower Parties to Reach Agreements
from Mediation Works, Inc.
Presenters: Chuck Doran and Josh Hoch

Intended Audience: MWI Court and Divorce Panel Members
“Participating in mediation can be difficult for parties. After time, impasse can seem too difficult to overcome. Join Chuck and Josh for some advanced mediation skill training as they share techniques and discuss strategies for empowering parties to be able to overcome impasse, stay focused, and reach agreement.”

I am enjoying reading my peer mediation student’s blog over at Better Than Misery.

The latest post, Newsflash: No money in mediation,  of course caught my attention.

I can relate to this:

I think it has to do with the general public learning what it means and why its beneficial. Lately I have been thinking about alternative kinds of manifestations of my conflict management degree, including online dispute resolution projects.

You might have read me wondering here if most careers are careers in conflict resolution, and if conflict is just too sexy for most people to care to resolve rather than fight to the win/lose bitter end.

It amazes me to read a mediation student in Israel writing thoughts and experiences so similar to my own in the U.S. It’s nice to know I’m not the only one exploring these questions right now.

When working for my undergrad, I felt like I was going at light-speed with the knowledge that I would reach the light at the end of the tunnel, my professional life would start and my work would pay off. Seems like sometimes we mediation students feel like we could just be spinning our wheels.

Partly because I’m not doing the professional work I expected with my undergrad,  I’m ok with not knowing where this mediation work will lead. I know I really enjoy it, I seem to have aptitude for it, I’m finding opportunities as I go, and I’m using these skills every day in both professional and personal settings.

Any other mediation students out there? Pros who’ve been there? What are your thoughts?

Monster and CareerBuilder searches for Boston area jobs with the keywords “mediation, mediator, conflict resolution” return hundreds of jobs. Hundreds. And yet, as I’ve described in recent posts, the field of mediation is described as an overcrowded field terribly difficult to break into (and with a very bright future should you break in).

What’s happening here? The jobs are vastly different. An Administrative Assistant position at Northeastern University’s Office of Student Conduct and Conflict Resolution. Lots of Human Resources Manager positions calling for, among other things, effective conflict resolution skills. Ditto for Project Managers at places as different as State Street Corporation and The TRANE Company. Labor Relations Manager for the American Red Cross. Customer service and support roles also abound. Organizational Development and Learning Consultant for Partners Healthcare.

The trends I’ve been able to spot in these seemingly disparate jobs are that the greatest concentration of them are in management. And most of them include requirements of strong negotiating and effective communication skills, in addition to conflict resolution or mediation.

My questions far outnumber my observations at this point.

Does today’s workplace require all professionals, at least all managers, to be skilled in the arts of conflict resolution, mediation, negotiation and communication? That would be fabulous. Though my experience is that such skills are seen as happy bonuses in professionals adept at skills more directly related to the work on their desks.
But if this is becoming the new universal requirement … How could this change the conflict resolution and mediation professional fields? Will it push such professionals to develop their respective fields more deeply? Force even more focus on training than practice?

Where are all of these professionals learning their skills? Are they all dedicating 40 hours to basic mediation training? Online courses promising to turn them into skilled mediators in a few short hours and without those pesky other people? I know a lot of mediators find their bread and butter in training … mediator courses, on-site corporate trainings, one-on-one coaching. Perhaps that is where true growth lies.

I’ll need to do more research and watch the job markets closely to understand much more than I now do. In the meantime I look forward to hearing from folks out there already thinking about these questions and more.

This morning, on the treadmill, my wandering eyes found a very exciting flat panel TV showing in very exciting HD a very exciting courtroom drama. You know the kind, with two people airing their private lives before a judgmental judge (yes, I’m aware of the unfortunate but rather fitting language).

A few minutes later, I look up again to find a divorce courtroom drama and I recall an article I read recently saying something like that working with a mediator can cost 1/4 what it would to go to court. Don’t quote me on that as I’m very possibly misquoting. But it is easy to find literature touting the merits of mediation vs. court for a range of disputes, especially divorce.

As I wondered why anyone would choose to air their private lives before a snappy judge and the daytime TV watching world, I had an idea. Maybe conflict is just too exciting for us to avoid.

Can you imagine what would happen if Divorce Court was replaced with The Mediation Room? Would anyone watch two spouses learning to manage conflict and speak to each other constructively thanks to the leadership and facilitation of a mediator?

I recall being amazed to watch a party at (real live) small claims court mimic so deftly the stereotypical People’s Court plaintiff, complete with totally unrelated personal insults, I could’ve believed it was scripted.

Yes, I realize we could easily debate the actual reality of “reality” court TV shows. But I think it is more important that enough people watch these shows to have kept them on the air for possibly decades. Or keep about seven hours of such shows a day on network TV now. (Yes, seven hours at last check of Comcast listings.)

So how do we minimize the allure of the down and dirty conflict? How do we make constructive communication more exciting than petty insults and flailing unkindnesses?

Perhaps it’s the people who like to watch. The people who don’t come to mediation. Perhaps these people are our true clients.

Thanks to James Stinson and his blog, Therapeutic Family Law, for citing this interesting article.

Los Angeles mediator Christine von Wrangel recently published an article entitled, “Mediation: A Lucrative Career or a Ticket to the Poor House?” Full text here.

I’d like to share a few of her words as a contrast to my recent post, The future’s so bright.

Why does the Superior Court pay every judge, secretary, clerk, and janitor, yet refuses to pay the mediators?

Mediation may be interesting, challenging, and meaningful for the individual, society and many professionals. Many mediators pride themselves in creating a more harmonious, peaceful society. Yet only few mediators have succeeded to establish a practice which allows them to not only spread harmony and piece but also earn a comfortable living.

An interesting and far less optimistic view than what we were recently given by U.S. News and World Report’s Best Careers article.

U.S. News & World Report’s annual listing of best careers is out. And … drum roll please … mediator is included for the first time. You’ll find it under the headers, Best Careers for a Changing Job Landscape and 31 Careers With Bright Futures.

One factor leading U.S. News to give mediator the nod this year is its resistance to offshoring. It makes sense. We can’t very well have all of our conflict resolution occurring across the vast oceans or continents.

Each career listed comes with a day-in-the-life feature, and an executive summary. Considering what I’ve learned thus far from experienced pros, I’d say these pieces are pretty on point.

The pros noted are that

• Mediators can provide a better alternative to hiring a lawyer when conflict is unresolved, as mediators “can often help resolve a dispute less expensively and with less conflict…”
• “Most mediators love their work, helping people beat their swords into plowshares.”

And the cons…

• Mediators outnumber mediation jobs.
• Low barriers to entering the field (just a 40 hour training) continue the overpopulation.
• Overpopulation of the field means “most mediators do not earn a middle-class income for one to five years.”

This matches well the message in Jeffrey Krivis’ and Naomi Lucks’ recently published, “How to Make Money as a Mediator (And Create Value for Everyone).” Chapter one can be summed up thusly: If you love mediation, if you live for it, if you work very hard every day to build up your skills and connections, you have a chance at putting food on the table doing something you love. Otherwise, pursue something that will better suit you.

So. Do you fit Krivis’ and Lucks’ profile of the top tier mediators?

• Do you love mediating? Are you good at it?
• Do you inspire trust? Are you likeable?
• Have you cultivated relationships with referral sources, or will you be able to?
• Are you ready to work hard? (Long days, late nights, and less time with family and friends.)

If you’ve answered yes to all of the above, you might have a good chance at what’s being reported as one of the top careers with a bright future in the U.S.

If not, I hope you won’t despair. I believe the skills trained mediators possess are vital to our local, national and global communities. The more I learn about conflict, the more I see how people trained in conflict resolution are desperately needed in our offices, stores, schools, government bodies, busy streets, families and friendships. Even if it’s not your bread and butter, you can take heart in knowing that you’re part of a movement.