Mediator

Working Schedule

• Mediators typically work full-time, often in offices or other neutral settings where mediation sessions take place. Their schedules may require evening or weekend hours to accommodate all parties involved. Travel is sometimes necessary.

Typical Duties

• Meet with parties to discuss their situations and consider taking them on at clients
• Explain the mediation process and set expectations. Discuss fees, timeframes, and potential overall costs
• Ensure new client intake is performed and upfront retainer fee is paid, as needed
• Advise clients on legal rights and obligations
• Solicit further information and details regarding disputes and backgrounds
• Clarify specific points of contention     
• Interview any other parties, as needed, such as:

1. Attorneys and other legal professionals
2. Mental health professionals
3. Law enforcement agencies
4. Translators

• Evaluate all relevant information presented, including documents, verbal statements, court or police records, and other evidence
• Facilitate open communication between parties to identify 
  underlying issues. Ensure parties have a fair and equal opportunity to speak
• Help parties generate and evaluate options for resolving their disputes
• Review pertinent laws and previous settlement agreements
• Draft agreements that outline the terms of any resolutions reached
• Follow up to ensure agreements are upheld, as needed

Additional Responsibilities

• Keep detailed records of mediation sessions
• Collaborate with clients’ affiliated staff
• Maintain confidentiality and neutrality throughout the process
• Take continuing education courses. Stay current with mediation techniques, best practices, and legal changes
• Promote mediation services (if self-employed)

Soft Skills

• Active listening
• Adaptability
• Attention to detail
• Composure
• Conflict resolution
• Empathy
• Ethics
• Flexibility
• Impartiality
• Independent
• Integrity
• Negotiation
• Organization
• Patience
• Persistence
• Persuasion
• Problem-solving
• Resourcefulness
• Sound judgment
• Strategic thinking
• Strong communication skills
• Time management

Technical Skills

• Basic understanding of relevant legal principles
• Case management software (Clio, MyCase, PracticePanther)
• Database query software
• Data privacy and security
• Document management
• General familiarity with computers and office programs, printers, scanners, and photocopy equipment
• Legal databases and resources (LexisNexis, Westlaw, Bloomberg Law, etc.)
• Legal research skills
• Mediation software and tools
• Psychology 

• Corporations
• Educational institutions
• Government agencies
• Healthcare agencies
• Insurance companies
• Private law firms
• Solo practice

Going to court for any reason can be extremely expensive, especially when the disputing parties are locked into their positions and refuse to budge. Sometimes the expense and effort of litigation aren’t worth the benefits being fought over–and since there’s no way to 100% accurately predict legal outcomes, both sides are risking their time and money with zero guarantees that they’ll get anything!

That’s why Mediators play such an important role in dispute resolution business. They can not only potentially save clients hundreds of thousands of dollars (or even millions in some cases), but they can also try to ensure everyone gets something from any resolution they negotiate.

The mediation profession can be emotionally demanding, requiring the ability to manage high-stress situations. Mediators must remain neutral and avoid taking sides, which can be challenging. Balancing work and personal life can also be difficult when working irregular hours to accommodate clients.

A Mediator’s reputation can make or break their career, so a lot is riding on every case they take. In addition, they have strict ethical and professional obligations and those who violate their oaths risk serious punitive actions.

As legal costs continue to rise, more people are turning to mediation as a more cost-effective alternative. At the same time, the increasing complexity of workplace and family dynamics is driving demand for specialized mediation services.

Due to their strict rules about confidentiality, Mediators can help keep embarrassing or awkward disputes out of the public eye, whereas court trials tend to draw attention that can damage reputations.

Overall, the field is projected to grow by 5% over the next decade, which is slightly higher than the average for all occupations. As with other fields, technology is enhancing the art of mediation via virtual platforms and online dispute-resolution tools. This trend will continue so Mediators need to keep up with advancements or risk being beaten out by their competitors. 

Mediators are usually open-minded social people who likely enjoyed helping others when they were younger. They may have been natural peacemakers, showing an interest in understanding different perspectives and finding common ground. They’re persuasive and can also be assertive leaders!