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New Hampshire needs the next generation of individuals committed to providing excellent mediation skills to civil dispute matters. According to the latest statistics for the Granite State, there are less than 100 individuals listed as civil Mediators. Of those, probably less than 20% are called on regularly to provide civil dispute resolution in the form of mediations. Of those approximately 20 individuals, most are very experienced, many are former trial lawyers, former judges, or otherwise well-known in the New Hampshire bar and bench. As a large percentage of those experienced Mediators age and ready themselves for retirement, the State of New Hampshire – the public, the court system, judges, lawyers, and clients – needs the next and new generation of Mediators to come forward and continue the good and valuable work of civil dispute resolution.
So, you want to become a Mediator. Where do you start? There are several core steps to become an excellent Mediator in New Hampshire, including: (1) recognize your personality and interests; (2) gain experience; (3) become knowledgeable on various subject matters; (4) attend trainings and educational opportunities; and, (5) commit to business development.
1. Assess your Personality and Interests. Get to know your real personality. Are you compassionate, a good listener, firm, and helpful? Are you someone who needs control and thinks people should do as you say? Are you noncommittal, passive, or resigned? A good Mediator needs to be aware of their personality, in order to provide the balanced approach that leads to dispute resolution. That is to say, a successful civil Mediator is focused on helping without telling; guiding without instructing; and providing compassion while remaining firm. As such, a Mediator does not need to have a specific personality – rather, they need to create a perfect blend of their personality and skills. It is also important to assess what type of specific disputes interest you, and those that do not. There are hundreds of types of civil disputes ranging from small claims to superior court cases and even Supreme Court matters. If you are not interested in torts, business, employment, or civil rights disputes, perhaps intellectual property, construction, real estate, probate, or environmental disputes are appealing to you. Get to know your personality and what type of disputes are attractive to you, so once you are ready to start mediating, you are setting yourself up for success.
2. Experience. While it is beneficial to have trial experience before a judge and jury as a lawyer, in this day and age courtroom experience is hard to come by. Only about 3% of all civil disputes filed in New Hampshire and across the country go to a jury trial. The vast majority of civil disputes are settled out of court, through direct negotiations or scheduled mediations. But not to worry, if you are a practicing lawyer, you already have gained valuable experience in becoming a Mediator. If you have represented parties, especially if you have represented both plaintiffs and defendants, in civil disputes, negotiated with opposing counsel and parties, and settled cases with and without mediations, you have gained practical experience to become a Mediator. This hands-on experience is critical to your success as a civil Mediator in New Hampshire. Even when you may face a challenging case, reach out to your peers and more experienced lawyers and Mediators to ask for guidance.
3. Knowledge of Subject Matter. While you do not have to be an expert in the subject matter being mediated, it is oftentimes beneficial to have some working knowledge of the law in the field. You can gain that knowledge through careful review of the mediation statements provided to you by the parties and following up with research on specific statutes and cases. In addition, it may be helpful to know or have familiarity with, the lawyers and judges involved in the particular civil dispute. Again, this knowledge is not just acquired through your own experience, but through networking and connecting with others in the Bar.
4. Training and Education. There are numerous public and private courses and seminars on mediation techniques and skills. Research those courses and seminars and be selective in the training you pursue. Keep in mind there is formal and informal training and education in mediation, as in life. It is surprising how much one can learn from almost every social encounter. These experiences give the ability to problem solve and balance perspectives. Don’t leave your personality and your social skills at the mediation door-step. Be yourself, listen, comprehend, and identify what is important and what is not, and be interested in helping people resolve their disputes.
5. Business Development. Be prepared to go slow and steady. Name recognition, word-of-mouth, referrals, repeat business, and personal recommendations are keys to a successful mediation practice in New Hampshire. But all of that takes time. Expect several years of good, hard work to lead your business development in mediation. Be proactive, join organizations such as the New Hampshire Bar Association’s Dispute Resolution Committee, and offer to conduct pro bono mediations to lawyers and the court system. Consider social media and other forms of advertising, especially as you are just getting started. Volunteer to write articles and lead CLEs to demonstrate your knowledge, experience, and expertise.
In summary, in New Hampshire mediations involving civil disputes, parties want more from a mediator than just “carrying the water” (i.e., offers and demands) back and forth – they want guidance and assistance in getting to a firm resolution that the parties and counsel can “live with” to move forward. There is a whole lot more to becoming a good mediator, but this is a start. As you embark on this path, remember to reach out to experienced Mediators for tips and guidance in the practice of mediation. Good luck, and be determined to join the ranks of excellent civil Mediators in New Hampshire. We need you and we are ready to welcome you!
Charles P. Bauer is licensed to practice in New Hampshire.