SIX KEY QUESTIONS FOR THE ASPIRING MEDIATOR WITH RECENT
LAW SCHOOL TRAINING
Evan R. Seamone, M.P.P.
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A. History of ADR and the Relevance of Mediationi. Common among different cultures and ethnicities
ii. Recently rediscovered during NPR—reinventing government
iii. The need to reduce litigation
iv. Different areas:1. Mediationv. Mediation is unique because it gets to underlying issues
2. Conciliation
3. Facilitation
4. Arbitration
5. Med-Arb
6. Mock Trials
vi. Required by most federal and state courts
B. Conflicting Theories and MisuseII. MEDIATION AS A PROFESSIONi. Definitional problem
ii. Transformative ADR, management, and conflict-averse organizations
iii. Peer mediation
iv. Mediation as myth: unreal expectations and empty promises
v. The need for legal certainty
vi. Confidentiality as an obstacle to social justice
A. The hierarchy:i. Judges
ii. Lawyers
iii. Psychologists
iv. Clergy
v. Frontline Administrators
vi. Laypeople
vii. Children
B. Law Studentsi. Law firm recruiting (statistical analysis)
ii. Mediation firm recruiting (statistical analysis)
iii. Contracting
iv. Solo practice
v. Volunteerism
vi. Evaluating and training
III. A NICHE FOR GRADUATING LAW STUDENTS; THE ROLE
OF STANDARDIZED EDUCATION
A. Enough trainingIV. CLIENT PERCEPTIONS
B. More Training
C. New Paradigmi. Non-law factors
ii. The need to unlearn or relearn
A. PersonalityV. CREDENTIALS
B. Experience
C. Certification
A. RequirementsVI. WHERE TO PRACTICE
B. Initiation into the hierarchy
C. Experience as a more important factor
A. GeographyVII. BILLING SYSTEMSi. AgriculturalB. Socio-political concerns
ii. Unique needs
iii. City vs. Rurali. RaceC. Problem areas
ii. Gender
iii. Ethnicity
iv. Socio-economic statusl
v. Languagei. Domestic abuse
ii. Victim-offender
A. VolunteerismVIII. CLIENT SOURCES
B. Fixed fees
C. Variable Fees
A. Client referralsIX. CONCLUSION
B. Advertising
C. Referral Listsi. Non Profit Organizations
ii. Courts
iii. Trade Associations
A. No standard answers
B. Calls for creativity
C. Potential for a great payoff