In a world grappling with the aftermath of COVID-19, the landscape of dispute resolution has undergone profound changes. As a mediator with Miles Mediation & Arbitration and the founder of FourthParty, a technology platform built to help mediators launch their careers, I’ve seen firsthand the evolving challenges and opportunities in our field. Today, I firmly believe in the power and utility of mediation more than ever before, as a critical solution to the legal system’s current strain.
THE GROWING DEMAND FOR MEDIATION
The pandemic has left a significant backlog of court cases, as public health concerns caused prolonged court closures and limited operations across the country. This backlog has made the traditional path to justice slow and cumbersome for many, compounding the stress and uncertainty for individuals already dealing with legal disputes. In this climate, alternative dispute resolution (ADR) methods like mediation have surged in necessity and popularity. Mediation offers a streamlined, efficient, and often less adversarial path to resolution — a beacon of hope for those entangled in the sluggish grind of the backlogged judicial system.
Moreover, the adoption of ADR is expanding into new venues, reflecting a broader acceptance and integration into the mainstream legal framework. This shift isn’t just a temporary adjustment but a permanent transformation in how we approach conflict resolution. The flexibility of mediation, including virtual sessions, which became the norm during the pandemic, has shown that effective communication and resolution are possible without traditional face-to-face interactions, thus broadening access and reducing barriers to participation.
THE CHALLENGES OF MANAGING A MEDIATION PRACTICE
As the demand for mediation grows, so does the need for skilled mediators. This is where the importance of robust support systems comes into play. Entering the field of mediation can be daunting. New mediators face a steep learning curve, not only in mastering the nuances of negotiation but also in managing the administrative aspects of their practice. Support in these initial stages is not just beneficial but critical for their success.
The top administrative priorities for a new mediator launching a practice include establishing a streamlined scheduling system to manage client appointments efficiently and a case management system that is essential for organizing case files, tracking progress, and maintaining confidentiality. New mediators must also develop clear and concise communication protocols with clients, attorneys, and other stakeholders to manage expectations and facilitate smooth mediation sessions. Finally, implementing a reliable billing and invoicing system ensures timely payments and financial stability for the growing practice. Additionally, they must consider how they will leverage their personal traits to build a strong brand that people want to work with.
At Miles Mediation & Arbitration, I’ve experienced a level of support that has been pivotal in my development as a mediator. The company’s administrative assistance, from scheduling to client communications, allows me to focus on the core aspects of my mediation practice — understanding each party’s needs, building trust, and facilitating meaningful discussions that lead to resolutions. This support system frees up my mental and emotional energy to concentrate on the dynamics of mediation itself, rather than getting bogged down by logistical details.
This foundational support at Miles inspired me to establish FourthParty. Recognizing the transformative impact support had on my own practice, I envisioned a platform that could offer similar resources to other mediators, especially those just starting their careers. FourthParty aims to equip mediators with the tools they need to manage their practice efficiently, focus on their professional growth, and ultimately contribute to the broader goal of increasing access to justice.
Our mission at FourthParty is not just about providing a service; it’s about building a community. We believe that by supporting mediators, we are amplifying their ability to serve society. Each resolved dispute is a step toward a more harmonious community and a more just world. In this way, FourthParty extends the ethos of Miles Mediation & Arbitration and organizations that serve mediators, with us all working towards a shared vision of making mediation not only a viable option but a preferred choice in dispute resolution.
THE CHALLENGES OF MANAGING TWO BUSINESSES
Running both a full-time mediation business and FourthParty can be challenging. I’ve learned the importance of managing my schedule with intentionality. Recognizing my tendency to overwork myself in the past, I now maintain a structured weekday schedule, prioritizing mediation sessions and business responsibilities. This approach grants me the flexibility and freedom on weekends to refresh and pursue personal interests, ensuring that I bring my best self to work by striking a healthier balance between professional and personal pursuits. This makes all the difference now that I’m a new dad and life is a lot less predictable!
Looking ahead, the importance of mediation will only continue to grow. As courts struggle to clear their dockets and as society becomes more accustomed to the efficiencies and humane approach of ADR, mediators will increasingly be called upon to serve. In this context, having a robust support system for mediators is not merely helpful; it is essential. It ensures that mediators are not overwhelmed by the scale of need or bogged down by the minutiae of practice management but are empowered to focus on what they do best — helping people navigate some of the most challenging moments of their lives.
In conclusion, as we adapt to a post-COVID world, the roles of mediation and support systems for mediators are more crucial than ever. ADR service providers are even more committed to supporting the growth of mediators who are ready to step into these roles and make a significant impact. By doing so, we not only address the immediate challenges of the judicial backlog but also contribute to a more equitable and accessible system of justice for the future.
