The statistics from various mediation studies seem to hint that, while conflict might certainly be a "growth industry," it would be a misnomer for students to suddenly stop interviewing with law firms and instead delve into conflict-ridden communities sporting "Mediator: Open For Business" signs. But, little ink has been spilled regarding law students’ prospects in the mediation field. Surely, one will find literature on training students in mediation. In fact, a number of the books cited in this Note have elaborate sections covering the topic. The key issue is how to find jobs in the mediation field without much legal experience. Seemingly, if the books do have employment sections, they are geared toward established professionals with years of experience in some field and those who are interested in making a transition into mediation. These books appeal to lawyer-mediators for the most part. Their authors assume that readers have financial resources to invest in expensive training and office accessories and hardly approach readers with modest financial means. All of these factors indicate that it will be difficult for the beginning non-established mediator—a person who has not gained years of experience in some field—to find her bearings in the mediation employment rat race.
The first consideration in approaching the issue of mediation employment for law students or recent law graduates is to consider whether they even desire the title of Professional Mediator. Some law students may already consider themselves to be dispute resolution experts, simply by virtue of the law texts they feverishly mark with their highlighters. After all, the law is ultimately about "resolving conflict."123 On the other hand, other students might see mediation as the path to a higher GPA, a welcome vacation from the Socratic method, or a fine way to practice their acting skills during simulated sessions.124 Who knows? The question presented calls for an investigation into whether employers are demanding the services of law students trained in mediation.125
At the University of Iowa College of Law, more than 164 legal employers interview at the campus. Is it a surprise that not one of them is a mediation firm? But, Iowa has not been recognized among states on the cutting edge of mediation legislation. However, the story was similar among the career service departments at several of the law schools with highly rated ADR programs.126 Interestingly, not a single career service representative in the study knew of mediation firms that interviewed on her campus. This was even true of the top ranked mediation program in the nation.127 Some representatives did suggest that students are free to consult listings of positions aside from those offered by career services, and that externships secured while completing the requirements of mediation programs are great places to begin searching for jobs.128
With regard to inquiries about the number of law students who obtained mediation employment directly following graduation, the results were rather bleak. At the University of Missouri-Columbia, the program is rather new and has only graduated a class of six LL.M. students.129 Yet, already, the results of their placements are indicative of a seemingly national trend. Only one graduate of the program is employed directly as a mediator. Others either resorted to jobs linked to their prior professions or are still trying to secure employment. In fact, Diane Reynolds, the Director of Career Services at the Willamette College of Law, noted that in her fourteen years of affiliation with the College, she had seen "fewer than a dozen students go directly into mediation."130
At the Pepperdine School of Law in California, while "one or two" law graduates went directly into the field of mediation,131 even these positions involved "administrative work," helping to run mediation centers or teaching volunteers, rather than participating in the full-time practice of mediation. One respondent, however, did note a remarkable case where a graduate developed her own successful mediation practice in the state of Oregon.132 But, this is far from the average experience. It seems to be the consensus that, on balance, "[i]t is very difficult for a 26-year-old to go out and immediately begin a mediation position."133 In one case, a law student in Florida who tried to mediate professionally was forced to take a non-mediation-related position that he did not desire, solely because it was impossible for him to make a living doing mediation alone.134
Most law school ADR programs actually advise law students interested in mediation to enter into law practice for a number of years before considering obtaining mediation-related employment. For example, Shelle Warnes of Pepperdine’s Strauss Institute for Dispute Resolution commented, "We really feel that students need to go out and practice law for a couple of years, and then make a mid-career transition into mediation after gaining the experience."135 Likewise, Kathy Urbach, the Career Services Director at the University of Florida, advises many students who want to be mediators to volunteer for eventual certification in the courts, noting that "many courts require five years of experience before appointing cases to mediators."136 Yet, she suggests the innovative strategy of applying to law firms that have ADR practice sections. Here, graduates might try to gain as much knowledge from those mediation sections while practicing as an attorney to ease a later transition into the mediation field.137 The results of this strategy have yet to be explored. On the topic of transitions, however, an advisor for the UCLA Career Services office (who wished to remain anonymous) noted that she often receives calls from alumni who have practiced for years in the law field and seek guidance in making the transition to the mediation field.138
The study next addressed the issue of law firms that seek students with mediation qualifications on the assumption that the ability to reach a settlement over a case often depends on negotiation strategies that are identical to mediation techniques. The researcher randomly contacted 40 law firms throughout the nation139 to see if these employers sought law students who considered themselves to be mediators, if mediation was a defined criterion in their selection process, and if mediation experience and/or training would matter at all in the decision to hire.140
Unfortunately, this Note cannot present a chi square analysis on the survey results, since only six firms responded to the inquiries, and only three of the six answered questions directly. However, this poor response, in combination with the answers from those few firms who took the time to reply, still evidenced important facts pertaining to the research questions. On the one hand, it seems apparent that law firms do not draw from law schools for their mediation services. No respondent expressly recruited mediators from law schools. For example, at the offices of Poyner & Suprill, L.L.P., while "approximately 10 certified mediators" work in the office, "ADR training would not influence [them] with hiring summer associates or full time associates"141 Yet, while Pepper & Hamilton similarly would "probably not" be influenced by mediation training, the firm would be impressed by an applicant who possessed "5-10 years or [was] someone who has mediated at least 10 matters."142 None of the firms who responded had ADR sections. Most respondents used a number of case-dependent factors to select mediators if the need arose.143 These responses also mirrored the comments of Career services officers who unanimously agreed that firms do not inquire about applicants’ mediation experiences.144
How odd it was that employers at law firms were not specifically searching out mediators from the law student applicant pool. Possibly mediation firms have cornered the market. Furthermore, it might be the case that prominent mediation organizations only reward those students who take the initiative to forward applications and resumes, for fear that interviews would bring everyone out of the woodwork, cloaking the truly qualified graduates. Still determined to search out an answer to this puzzling hiring dilemma, the researcher investigated a number of mediation firms advertising their services on the Internet. In each case the inquiry was, "What qualifications do these firms seek in their mediators?" At JAMS, the leading private mediation firm, the answer to this question was simply measurable "experience[] in mediation and arbitration."145 Yet, this elementary answer denotes the fact that private mediation firms are not interested in law students for their mediation needs.146
The final step in resolving the research dilemma was an inquiry to see if these negative views of law students as mediators have something to do with the way law is taught and how legal training conditions a human mind. Many studies suggest that lawyers are becoming less prepared to communicate effectively with their clients.147 After all, it is true that an eager 3-L may be more oriented toward an adversarial system of dispute resolution than a system that seeks to implement an integrative bargaining solution.148 In other words, why would a mediation firm want to send a bulldog into a room of disputing wolves? At this point the researcher searched out a number of non-law graduate mediation-training programs.
Similar to the law school survey, the study involved program directors from non-law mediation graduate programs and aimed to see how many graduates were hired as mediators and the types of positions they gained.149 The inquiry revealed a major trend: law students have fewer chances to be hired as mediators than graduates of non-law mediation training programs. For example, the graduate Conflict Management program at California State University, Dominguez Hills, "regularly receives job opening announcements from both public and private mediation entities."150 This fact is especially noteworthy, given that only one student in the history of the program had completed legal training before enrolling in the classes.151 Directors of this and other graduate programs commented that many of their students were already working, and had enrolled in the degree programs to apply mediation skills in these employment settings.152 However, many students in these programs who are employed will gain unique "recognition within their employment settings, after graduating."153 In sum, the non-law programs introduced another fundamental premise: recent graduates of non-law mediation training programs are held in higher esteem than recent graduates of law-related mediation programs.
Since law firms do not want to hire mediators, and even mediation firms are reluctant to hire an eager 3-L, should law students quit while they are ahead and be happy with an elective class in ADR? Not necessarily. Surely, as long as disputants demand resolutions to their conflicts, there must be a market for talented law graduates to apply their skills.154 The next few sections introduce practical considerations to help guide the aspiring legal mediator formulate strategies to achieve her mediation goals, in light of the economic, cultural, and professional barriers that stand before her.
123 See Lerner, supra note 86 (same).
124 Many law students rave about ADR classes because they require so little work, as compared to normal classes. Some professors even advertise the fact that they will be screening movies in their classes to make certain points. How could these features not appeal to an overloaded law student?
125 How many students will take the first offer they receive to simply cover their loan repayments? Unfortunately, in this regard, many students do not have much of a choice. The demands of the profession will dictate the supply of qualified talent.
126 After calling all of the institutions listed on the U.S. NEWS & WORLD REPORT Website, the following law school career service offices granted telephone interviews: Willamette College of Law (Oregon), The University of Missouri Columbia School of Law (Missouri), The University of Florida School of Law (Florida), Georgetown University Law Center (Washington, D.C.); and Pepperdine University School of Law (California). See U.S. NEWS & WORLD REPORT, Law Specialties: Dispute Resolution Page, available at http://www.usnews.com/usnews /edu/beyond/gradrank/gblawsp1.htm (listing fourteen of the top law school ADR programs in the nation). The researcher also contacted the University of California, Los Angeles School of Law (California), because California is known as one of the most active mediation states. For recent mediation legislation. See, e.g., CAL. FAM. CODE § 3170-3173, available at http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID= 4138616908+17+0+0&WAISaction=retrieve (initially accessed Sep. 1, 2000) (requiring mediation of all matters regarding child custody). The phone survey involved five questions: (1) How many courses does your law school offer in mediation/ADR?; (2) How many mediation firms interview on campus?; (3) How often do students approach your career advisors requesting guidance on applying for mediation positions rather than jobs at law firms?; (4) What do you normally advise these students to do?; and (5) Have any law firms suggested that mediation experience plays a factor in the decision to hire a low student as a summer associate or associate?
127 Telephone Interview with Karen Neylon, Director of the Dispute Resolution L.L.M. Program, University of Missouri-Columbia School of Law (Oct. 2, 2000) (" I don’t know of any mediation firms recruiting on campus").
128 Telephone Interview with Shellee Warnes, Strauss Institute for Dispute Resolution, Pepperdine University School of Law (Oct. 2, 2000).
129 See Neylon Interview supra note 127 (discussing the L.L.M. program attributes).
130 Telephone Interview with Diane Reynolds, Director of Career Services, Willamette College of Law (Oct. 2, 2000).
131 Warnes Interview, supra note 128.
132 Id.
133 Warnes Interview, supra note 128.
134 Telephone Interview with Kathy Urbach, Director of Career Services, University of Florida School of Law (Oct. 2, 2000).
135 Warnes, Interview, supra note 128.
136 Urbach Interview, supra note 134.
137 Id.
138 Telephone Interview with Career Services Office staff member transferred by Ms. Linda Kresh, University of California School of Law (Oct. 2, 2000) ("[I]t is pretty rare for students to request information about mediation careers and we see that more with our alumni").
139 The survey sample emerged from THE NATIONAL ASSOCIATION FOR LAW PLACEMENT, NATIONAL DIRECTORY OF LEGAL EMPLOYERS 2000-2001 EDITION: 38,000 GREAT JOB OPENINGS FOR LAW STUDENT AND LAW SCHOOL GRADUATES (2000). The researcher numbered pages with a range from 314 to 1539 and then entered this information into the Research Randomizer random Web-based number generator, available at http://www.randomizer.org/form.htm (last accessed Oct. 1, 2000).
140 The electronic mail survey included the following questions: (1) How many attorney does your firm employ?; (2) Does your firm have a mediation or ADR section?; (3) If you do not have an ADR section, how does your firm determine when to involve mediators in cases and which mediators to hire?; (4) How many personnel in your firm are designated as mediators or ADR specialists?; (5) Does your firm expressly seek mediators when recruiting from law schools?; (6) Would mediation training and/or experience influence a summer associate’s or graduate’s marketability to the firm?; and (7) If yes, how much experience would it take to make a significant impression?
141 E-mail from J. Nicholas Ellis to Evan R. Seamone (Oct. 3, 2000) (on file with the author).
142 E-mail from Michelle Makulski to Evan R. Seamone (Oct. 3, 2000) (on file with the author). Incidentally, Pepper & Hamilton also "ha[s] 2 attorneys who mediate at least 2-3 times a year." Id.
143 See E-mail from Kara Jordan, Recruiting Manager, Stoel Rives LLP, to Evan R. Seamone (Oct. 5, 2000) (on file with the author) (noting that the firm selects mediators on a "case by case" basis).
144 See notes 127-138, and accompanying text.
145 Telephone Interview with Pamela Seaton, Field Supervisor, JAMS Chicago Office (Oct. 16, 2000).
146 Simply visit the site Action Dispute Resolution, available at http://www.adrservices.org/ (using their mediators experience and judgeships as key selling points for their services").
147 See American Bar Foundation, The Legal Profession: Chicago Lawyers II, available at http://www.abf-sociolegal,org/1998rep/legalprof.html 3 (last accessed Aug. 19, 2000) ("some lawyers on some occasions do not maintain effective communication with their clients"). See also Lerner, supra note 86, at 113 ("[o]ften perception is limited to the ‘winning’ or ‘losing’ of a dispute. And frequently the lawyer merely accepts the client’s perception, without a question or reflection, and goes about the business of ‘winning’.").
148 See Lerner, supra note 86 at 112 ("[T]he need for lawyers as ‘gladiators’ willing to ‘go the last mile,’ [for their clients] will always be with us." (referencing Susan P. Strum, From Gladiators to Problem Solvers: Connecting Conversations About Women, the Academy and the Legal Profession, 4 DUKE J. GENDER, L. & POL’Y 119 (1997)). Contra with ROGER FISHER & WILLIAM URY, GETTING TO YES (1981) (advocating the integrative approach in which each side seeks to benefit from the session, rather than a winner-take-all approach).
149 For this survey, the researcher contacted businesses from a helpful Website named, Conflict Resolution Training and Graduate Programs, available at http://www.colorado.edu/conflict/ program.htm (describing a number of graduate mediation programs).
150 Telephone Interview with Dr. Denise Williams, Coordinator, Behavioral Science Graduate Program, Negotiation and Conflict Managment Option, California State University, Dominguez Hills (Oct. 16, 2000).
151 Id. (discussing qualifications of students enrolled in the program).
152 Telephone Interview with Dr. Amy Gay, Associate Director, University of Massachusetts, Boston, Conflict Resolution Masters Program (Oct. 16, 2000)(explaining the work-related motivations underlying the enrollment of employed city planners, nurses, and AIDS activists, in the degree program).
153 See Williams Interview, supra, note 150, (describing the way some businesses altered the duties of graduates to reflect their new mediation skills).
154 See, e.g., The Demand Relationship, available at http://ecedweb.unomaha.edu/Dem_Sup/analysis.htm (initially accessed Sep. 1, 2000) (highlighting various economic theories).
