Becoming A Mediator: Law Degree Not Required

If you're a strong communicator with a passion for resolving conflicts, a career in mediation could be for you. Mediators are neutral third parties who help disputing parties reach an agreement outside of court. While some mediators are lawyers, you don't need a law degree to become a mediator. Here's how to get started:

Step 1: Understand the Role

First, it's important to understand what mediators do. They are unbiased intermediaries who help two sides reach a consensus. Mediation is a form of alternative dispute resolution (ADR) and can be applied in various areas, such as employment, intellectual property, and real estate.

Step 2: Earn a Bachelor's Degree

According to the U.S. Bureau of Labor Statistics (BLS), a bachelor's degree is the minimum requirement for becoming a mediator. While there is no specific pre-mediator degree, degrees in fields like English, communications, business, or finance can provide relevant skills and knowledge.

Step 3: Complete a Dispute Resolution Program

Although not mandatory, completing a dispute resolution program can teach you valuable skills used by professional mediators and enhance your resume. These programs combine classroom learning with real-world practice.

Step 4: Consider an Advanced Degree

An advanced degree, such as a master's or doctoral law degree, can be beneficial for mediators as they often work in high-level roles. Advanced degrees demonstrate a deeper understanding of laws and policies and can lead to better job opportunities and higher salaries.

Step 5: Gain Work Experience

Seek out relevant work experience in your chosen field. For example, if you plan to mediate corporate disputes, consider working in a business setting for a few years. Practical mediation experience is crucial, and you may consider training under an experienced mediator before working independently.

Step 6: Obtain Mediation Certification

While there is no national mediator license in the U.S., some states require certification for certain types of cases. Mediation training courses are typically around 20 to 40 hours and will prepare you for certification.

Step 7: Start Working as a Mediator

Once you've completed your education and training, you can begin your career as a mediator. Options include opening a private practice, applying to dispute resolution firms, or working as an internal mediator for organizations in sectors like government or healthcare.

Understand the role of a mediator

Understanding the role of a mediator is a crucial step in deciding whether to pursue a career in this field. A mediator is a neutral third party who assists two opposing parties in resolving a dispute. They do not provide a solution or make decisions for either party but instead facilitate communication and help both sides reach a mutually agreeable settlement.

Mediators are often hired by governments, legal companies, and private clients to resolve disputes that could otherwise result in lengthy and expensive legal battles. These disputes can cover a range of areas, including commercial transactions, worker's compensation, labour relations, legal depositions, and family disputes.

The role of a mediator can be broken down into several key functions:

• Convener: They help arrange the meeting between the two parties, deciding on the time and location.
• Educator: They educate the involved parties about the mediation process, court standards, and other alternatives for resolving the conflict.
• Facilitator of communication: As a neutral party, they ensure each side is heard and facilitate proper language, behaviour, and listening.
• Translator: They may rephrase or translate communication to increase understanding and improve the chances of a resolution.
• Clarifier: Through repetition or summarisation, they ensure that all parties fully understand one another.
• Process advisor: They suggest procedures for moving forward, which may include consulting with legal counsel or outside experts.
• Angel of realities: They have the right to question the practicality of solutions and whether they align with the goals and interests expressed by the parties.
• Catalyst: To expedite the process, they suggest different resolution options, stimulate new perspectives, or offer reference points.
• Detail person: They keep track of necessary information and write up the final agreement for both parties to sign.

In addition to these roles, mediators also need to be skilled in active listening, adaptability, conflict resolution, empathy, and patience. They must remain impartial and unbiased throughout the process and maintain confidentiality. While mediators do not need a law degree, they should have a basic understanding of legal terminology and the legal system.

Earn a bachelor's degree

Earning a bachelor's degree is a crucial step towards becoming a mediator. A bachelor's degree is the minimum educational requirement for most mediator positions. While there is no specific pre-mediator degree, certain degrees can provide a solid foundation of skills and knowledge that are highly relevant to the field of mediation.

When choosing your undergraduate degree, consider your intended area of specialisation in mediation. For instance, if you wish to pursue a career in mediating financial matters, a degree in finance could be ideal. This would provide you with comprehensive knowledge of financial principles, risk management, and potential financial conflicts, which would be invaluable during mediations in the banking industry or financial departments. Alternatively, a degree in communications can help you develop strong communication skills and analytical abilities, which are essential for mediators. A business degree can also be a good choice, as it will give you a strong foundation in business principles and practical communication applications in the workplace, making you well-prepared for general mediation roles or those in the corporate sector.

In addition to these more specialised degrees, any degree can be your ticket to working as a mediator. For example, if you want to mediate cases in a specific field, such as the pharmaceutical industry, a science degree would give you the essential terminology and understanding needed to effectively handle disputes in that area.

While earning your bachelor's degree, it is beneficial to develop a range of hard and soft skills that will be invaluable in your future career as a mediator. These include interpersonal communication skills, both written and spoken, as well as negotiation, active listening, critical thinking, and decision-making skills. You can also gain practical experience by shadowing approved mediators in your community or looking for volunteer opportunities and internships that will enhance your resume.

Gain work experience

Gaining work experience in mediation is crucial for aspiring mediators, and there are several avenues to explore. Firstly, consider volunteering at a local community mediation centre, non-profit organisation, or government agency that offers mediation services. These entities often provide valuable training, supervision, and mentorship for volunteers who want to learn and practice mediation skills. Volunteering can also help you build a network, portfolio, and reputation in the field, while positively impacting your community.

Another option is to join a dispute resolution centre (DRC) or an alternative dispute resolution (ADR) firm. These organisations provide low-cost or volunteer mediation services and are often used as an alternative to small claims courts. Working or volunteering at such centres can provide you with valuable experience in mediation and conflict resolution. You may even have the opportunity to shadow experienced mediators and learn from them directly.

If you're interested in court mediation, discover your state's certification requirements for court-certified mediators. Many states have court-approved mediation training programs or require a certain number of hours of mediation experience. Becoming court-certified can open doors to future work opportunities and demonstrate your competence in mediation.

Additionally, consider joining a local mediation membership organisation or a network of mediators. These groups provide a platform to connect with fellow professionals, gain mentoring or coaching opportunities, and stay updated on industry trends. They can also help you find shadowing opportunities and gain access to valuable resources, events, and workshops related to mediation.

Lastly, don't underestimate the power of networking and building relationships with attorneys and mediators. Attend conferences, bar meetings, and professional events to expand your network and increase your chances of finding mentorship and job opportunities.

Improve soft skills

Improving your soft skills is an important step in becoming a mediator. Soft skills such as communication, conflict management, listening, and resolving issues are crucial for success in this field. Here are some tips to enhance your soft skills and become an effective mediator:

Active Listening:

Active listening is a vital skill for mediators. It involves paying close attention to what each party is saying and demonstrating your understanding. Paraphrasing and summarizing are effective techniques to ensure you accurately capture the main points and underlying emotions. Maintain eye contact, use encouraging body language, and avoid interrupting to show your full engagement.

Emotional Intelligence:

Understanding the emotions of those involved in the conflict is essential. Recognize and acknowledge the emotions expressed by the disputants, as this helps build trust and empathy. Be mindful of your own emotions as well, ensuring you remain calm and unbiased.

Reframing and Refocusing:

Reframing is a powerful technique to shift the perspective of the disputants. It involves changing the way a situation is viewed, such as moving from a focus on the past to the future or reframing demands as needs. This can help reduce negativity and create a more positive, collaborative atmosphere.

Conflict Resolution Techniques:

As a mediator, you should be well-versed in various conflict resolution techniques. This includes facilitating open communication, identifying areas of agreement, and guiding the parties towards a mutually agreeable solution. Brainstorming and evaluating options are essential steps in this process.

Impartiality and Fairness:

It is crucial to remain impartial and avoid taking sides. Acknowledge the points made by both parties, and ensure you spend an equal amount of time with each person. Help the disputants understand each other's perspectives without imposing your own judgments or opinions.

Effective Communication:

Clear and tactful communication is essential. Use closed-loop communication, where you reflect the essence of what has been said to demonstrate your understanding. Be mindful of your tone and language, avoiding legalistic or complex jargon.

Building Rapport and Trust:

Establishing a rapport with the disputants is crucial. Show empathy, validate their experiences, and create a safe space for open dialogue. This will encourage honest and constructive conversations.

Flexibility and Adaptability:

Each mediation process is unique, and you must be able to adapt to changing circumstances. Be prepared to adjust your approach, manage challenging behaviours, and remain patient throughout the process.

Conflict Awareness:

Understand the psychology behind conflict and team dynamics. This knowledge will enable you to better navigate the mediation process and facilitate productive conversations.

Questioning and Clarifying:

Ask relevant and open-ended questions to gain a deeper understanding of the issues. Avoid interrogating or embarrassing the parties involved. Instead, use questions to uncover underlying needs and support the conflict resolution process.

By focusing on these soft skills and continually refining them, you will be well-equipped to become an effective mediator, even without a law degree.

Get certified

While some states don't require certification to be a mediator, others do. It's important to check the requirements of your state. Some states require a bachelor's degree, while others mandate 20 to 40 hours of court-approved mediation training.

The National Association of Certified Mediators (NACM) offers a 40-hour mediation course for certification. Taking a training course will boost your resume and make you a desirable candidate for potential employers.

In some states, such as Florida and Maryland, all you need to do is complete a comprehensive court-approved mediator-training course and pass a background check.

If you want to be a court-certified mediator, you'll need to meet the requirements of your state's court system. This generally involves completing a court-approved mediation training program, which can provide an overview of the practice areas and offer practical opportunities through role-playing and exposure to new techniques.

While no state requires licensing to be a mediator, court certification can demonstrate your competence and may lead to future work opportunities.

Frequently asked questions