Focos
Alternative Dispute Resolution Coordinator (ADR Coordinator), Arbiter, Arbitrator, Divorce Mediator, Family Mediator, Federal Mediator, Labor Arbitrator, Labor Mediator, Mediator, Public Employment Mediator
Conflicts are inevitable. Whether it's an argument between two people, a legal battle between organizations, or a dispute between nations, conflicts are a part of life. Sometimes, when the two (or more) sides can’t come to a resolution, a neutral third party can be of great help.
Known as Mediators, these third parties work to guide discussions and make sure all sides have a fair chance to air their grievances. Mediators remain objective as they strive to facilitate understanding and agreement between the conflicting parties.
Ideally, their work can keep parties from going to court (which can be very expensive and expose sensitive information to the public). It’s not always possible for everyone to get everything they want through the mediation process, but the sides can often settle on a mutually acceptable solution.
Mediators usually specialize in specific areas, such as family mediation, workplace quarrels, or commercial disputes. Their unique profession requires outstanding skills in communication, negotiation, and conflict resolution!
- Facilitating peaceful resolutions to various types of conflicts
- Making a positive impact on lives and relationships
- Ayudar a obtener resultados justos y equitativos para los clientes.
- Salarios potencialmente lucrativos
Horario de trabajo
- 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.
Tareas típicas
- 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
- Asesorar a los clientes sobre derechos y obligaciones legales
- Solicit further information and details regarding disputes and backgrounds
- Clarify specific points of contention
- Interview any other parties, as needed, such as:
- Attorneys and other legal professionals
- Mental health professionals
- Fuerzas y cuerpos de seguridad
- 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
Responsabilidades adicionales
- Keep detailed records of mediation sessions
- Colaborar con el personal afiliado de los clientes
- 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)
Habilidades sociales
- Escucha activa
- Adaptabilidad
- Atención al detalle
- Compostura
- Resolución de conflictos
- Empatía
- Ética
- Flexibilidad
- Imparcialidad
- Independiente
- Integridad
- Negociación
- Organización
- Paciencia
- Persistencia
- Persuasión
- Resolución de problemas
- Ingenio
- Buen juicio
- Pensamiento estratégico
- Gran capacidad de comunicación
- Gestión del tiempo
Competencias técnicas
- Basic understanding of relevant legal principles
- Software de gestión de casos (Clio, MyCase, PracticePanther)
- Software de consulta de bases de datos
- Privacidad y seguridad de los datos
- Gestión de documentos
- Familiaridad general con ordenadores y programas ofimáticos, impresoras, escáneres y fotocopiadoras.
- Legal databases and resources (LexisNexis, Westlaw, Bloomberg Law, etc.)
- Conocimientos de investigación jurídica
- Mediation software and tools
- Psicología
- Empresas
- Instituciones educativas
- Organismos públicos
- Healthcare agencies
- Compañías de seguros
- Despachos de abogados privados
- Práctica en solitario
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!
- Mediators typically need a bachelor’s degree in a relevant field such as psychology, social work, business, or law
- Note, there’s no specific degree requirement! It is common for future Mediators to major in a field related to whatever area they plan to specialize in
- Many start working under the mentorship of a professional Mediator before launching their independent career
- Some go on to complete a Master of Legal Studies, Juris Doctor, and/or Master of Laws
1. For students preparing for law school, consider participating in a pre-law summer program
2. To apply to a law school, applicants typically take the Law School Admission Test or Graduate Record Examination
- Common course subjects include:
- Alternative Dispute Resolution
- Business and Organizational Mediation
- Comunicación intercultural
- Ethics in Mediation
- Family Mediation
- Human Resources Management
- Internship in Mediation
- Introduction to Conflict Resolution
- Negotiation and Mediation
- Psicología
- Public Speaking
- Sociología
- Mediators who work privately may have no requirements to meet, but those who work for state-funded organizations have different criteria. Some states require such Mediators to obtain certification or licensure, depending on their area of focus
- Training requirements for such certification/licensure vary but generally consist of ~20-40 hours of applicable mediation training
- Organizations that offer various types of training include:
- Make sure you earn your bachelor’s from an accredited school, especially if you plan to attend law school.
- Look for programs in relevant fields (e.g., psychology, social work, business, law, or whatever type of mediation work you want to focus on).
- Screen each program’s website to learn about enrollment and graduation data, as well as program admissions requirements.
- Look for student organizations that could help you grow professionally!
- In high school, hone your speaking and writing skills and participate in activities that offer leadership or management roles, including debate clubs or Model United Nations
- Take courses in psychology, sociology, law, and communication
- Volunteer with community organizations to gain experience in conflict resolution
- Seek summer internships in law firms, legal clinics, social services, or human resources departments
- Work with high school advisors to ensure you are ready for college-level coursework
- Decide what area of mediation you’d like to focus on, and choose your college major accordingly. Map out your plans for your post-baccalaureate education, if desired, such as a Master of Legal Studies, Juris Doctor, Master of Laws, etc.
- Decide if you will attend college full-time or part-time due to work or other commitments
- Consider whether or not online or hybrid degrees are better for you
- If applicable, join legal student organizations like Phi Alpha Delta
- Become a member of an applicable professional organization such as the Association for Conflict Resolution
- Comunica a tu red cuándo te vas a graduar y piensas empezar a buscar trabajo.
- Tap into your school’s alumni network!
- If you belong to a professional organization, reach out to fellow members for advice
- Take advantage of the resources offered by your school’s career center
- Apply for internships with mediation centers, non-profits, local courts, and government agencies. There might even be apprenticeship programs available
- If needed in your state or for your area of specialization, complete applicable mediation training and obtain your certification or license
- Revise las ofertas de empleo en portales como Indeed.com o LawJobs.com
- Check out tips to make your Mediator resume impactful and compelling. Draft a cover letter that you can customize for each job you apply to
- Practice your interview skills, focusing on scenarios where you successfully resolved conflicts or facilitated discussions
- Solicitar la aprobación previa de los profesores y supervisores pertinentes para incluirlos como referencias u obtener cartas de recomendación de ellos.
- Read news about the area you want to practice in. Be ready to discuss your insights about relevant trends and changes during interviews
- If you’re self-employed, work on your marketing strategy to find bigger clients
- Pursue advanced certifications or specialized training in niche areas
- Consider additional degrees; many JD holders go on to get a Master of Laws to supplement their knowledge
- Take on leadership roles in professional organizations to increase your visibility
- Attend workshops and conferences to stay updated on best practices
- Maintain high ethical standards and a reputation for neutrality and fairness
- Keep up with new technologies and methods in mediation
- If needed, relocate to a larger area or place with more potential business. States with the highest employment of Mediators include New York, Illinois, Michigan, Pennsylvania, and Wisconsin, per the Bureau of Labor Statistics
Páginas web
- American Arbitration Association
- American Bar Association Section of Dispute Resolution
- Association for Conflict Resolution
- Association of Family and Conciliation Courts
- Association of Labor Relations Agencies
- Avvo
- Bloomberg Law
- e-CFR
- Registro Federal
- FindLaw
- International Academy of Collaborative Professionals
- International Association of Facilitators
- Asociación Internacional de Profesionales de la Privacidad
- International Institute for Conflict Prevention and Resolution
- International Mediation Institute
- Justia
- Asociación de Relaciones Laborales y de Empleo
- Derecho.com
- Abogado
- Mediate.com
- National Academy of Arbitrators
- National Association for Community Mediation
- National Association Of Certified Mediators
- Asociación Nacional de Abogados
- Centro Nacional de Tribunales Estatales
- Gremio Nacional de Abogados
- National Mediation Board
- Society of Federal Labor and Employee Relations Professionals
- Revista The American Lawyer
- Tribunales de Estados Unidos
Libros
- Getting to Yes: Negotiating Agreement Without Giving In, by Roger Fisher and William Ury
- Mediation, Principles and Practice, by Kimberlee Kovach
- The Mediation Process: Practical Strategies for Resolving Conflict, by Christopher Moore
- The Mediator's Handbook, by Jennifer E. Beer and Caroline C. Packard
A Mediator’s role can be both rewarding and stressful, with potentially high-stakes disputes and anxious clients to contend with. If this career doesn’t quite sound like a match for your interests, but you’re still curious about similar occupations, check out our list below!
- Arbitrator
- Responsable de Cumplimiento
- Conciliator
- Conflict Resolution Specialist
- Representante para la igualdad de oportunidades
- Responsable de Ética
- Examinador de fraudes
- Especialista en recursos humanos
- Juez y consejero auditor
- Especialista en relaciones laborales
- Asistente jurídico
- Defensor del Pueblo
- Paralegal
- Asesor político
- Psychologist
- Especialista en gestión de riesgos
- Agente de ventas de valores, materias primas y servicios financieros
- Asistente social