Tips for Becoming a Mediator in New York City

The following information is provided to assist those who are interested in becoming mediators, particularly in New York City. While much of the information is generic and applicable most anywhere, the tips offered here feature information that is specifically relevant to NYC.

1. MEDIATOR EDUCATION

  • Overview: Mediators come from diverse disciplines and academic backgrounds. Depending on the setting, academic degrees and professional credentials may be needed.
  • Understanding of mediation theory and practice: At a minimum, this includes the various ADR processes; mediation skills and techniques; diversity; conflict theory; ethics; and relevant legal issues such as the unauthorized practice of law. Training programs vary in focus and content presented. The NYS Office of ADR Programs provides information for basic mediator training for community mediation programs in NYS. For other programs, check with program administrators or trainers.
  • Skills training: There is widespread agreement that those interested in becoming mediators need to participate skills training before mediating. The length of basic mediator training varies. Consider at least 30 hours to start, with some areas of specialization requiring more. Consult with appropriate professional organizations or providers for specific information. Most organizational mediation providers require some form of mediator training. Some programs require mediators on their roster to participate in particular training in order to mediate for them. Other programs accept training or certificates granted by educational institutions, other organizations or training programs. For example, community dispute resolution centers funded by the NYS Office of ADR Programs certify mediators upon successful completion of a comprehensive training and apprenticeship program in accordance with minimum guidelines promulgated by the Office of ADR Programs. Note that there is currently no general state certification in place to practice mediation in New York State.
    • Basic mediator training providers in NYC: For a list of ADR Training Providers in NYC, go to the CUNY DRC website. Be aware that some training programs are oriented around a particular approach to mediation.
    • Higher Education: Increasingly, institutions of higher education offer a variety of degrees and certificates in conflict resolution. For a list of academic programs in NYC, go the CUNY DRC website.
    • Advanced Skills: Mediators should participate in continuing education, which is available from a variety of providers. For a list of ADR Training Providers in NYC, see the CUNY DRC website.
  • Observation and co-mediation: Mentoring and apprenticeship are essential elements of developing mediator competency. Seek as many opportunities as possible to co-mediate with, or be observed and critiqued by, mentors or experienced mediators.
    • Mediating pro bono is a source of experience and skill development. Pro bono mediations may also provide additional credentials for mediators to add to their resumes. For information on pro bono mediation opportunities, see CUNY DRC's List of Pro Bono and Compensated Mediation Opportunities in NYC; NYS Office of ADR Programs.

2. Professional Resources

  • Become familiar with mediator ethics and codes of conduct, such as the Model Standards of Conduct for Mediators. For additional standards, see Mediate.com.
  • Join ADR professional associations. Local dispute resolution organizations in NYC include: Association for Conflict Resolution of Greater New York, Family and Divorce Mediation Council of Greater New York, Association of the Bar of the City of New York ADR Committee , New York County Lawyers Association ADR Committee. Additional organizations in NYS include: NYS Dispute Resolution Association, NYS Council on Divorce Mediation, NYS Bar Association ADR Committee , NYS Chapter of the Association of Family and Conciliation Courts.
  • Attend mediation activities. For a list of upcoming events in New York City, see CUNY DRC’s website.
  • Participate in peer consultation groups to discuss cases with other mediators. Contact local professional organizations, programs, or practitioners for existing groups in your area of interest. If none exist, consider starting one to meet your needs.
  • Become familiar with mediation programs and resources in NYC. See CUNY DRC’s website for those dispute resolution programs in NYC which have websites. Additionally, the CUNY DRC has published a Directory of Dispute Resolution Programs in New York City.
  • Subscribe to dispute resolution listservs. For national listservs, consider Dispute-Res and ABA ADR listserv; for additional listservs, see www.CRInfo.org and type “listservs.” In NYC, the local listserv for dispute resolvers is NYC-DR hosted by the CUNY DRC.

3. BUILDING A MEDIATION PRACTICE

As is the case with any profession, building a practice requires careful attention to good business practices. The mediation field is crowded with a greater supply of mediators than demand for services. As a result, there are limited opportunities to make money as a private mediator. The following are provided as suggestions to enhance efforts at building a mediation practice:

  • Build your credibility. As in any area of practice, engage in ethical practices and be mindful of your reputation.
  • Find creative ways of standing out. Publish, engage in public speaking, present at professional conferences, etc. For some, selecting an area of expertise in their current area of knowledge and developing it in the ADR context may be a means of gaining visibility.
  • Identify your market as well as sources of referrals. Establish relationships with those who can refer cases and conflict resolution related business.
  • Apply to rosters for which you are qualified: Many providers ask for detailed lists of mediator training and experience, so be sure to track all this information, in addition to potential references, as you build your practice.
    • Develop marketing materials: Consider developing a brochure, letterhead, web site, bio, business card, giveaways (pens, magnets, key chains, etc.), as well as placing an ad in the yellow pages, local newspapers, trade journals, radio, and other publications.
    • Develop standard forms: Among others, these may include intake form, mediation contract, confidentiality agreement, etc. Some sample forms are available online; search websites of specific mediation providers or programs.
    • Establish a fee policy – e.g. hourly, daily, by the case. Average fees in New York City are $200 per hour for family mediation, $200-350 per hour for workplace and commercial cases, and $100 per hour or $500-800 per case or session for federal sector cases. Consider other fees (e.g. will you charge for time before and after session?). Make full disclosure to your clients about your fee policies.
    • Become familiar with appropriate business practices: comply with relevant codes and benefits, and obtain professional liability insurance, which is available through some professional organizations.

4. Opportunities in the Field of Conflict Resolution

While there are limited opportunities in New York City for paid mediation work, there are other options.

  • There are some full-time conflict resolution jobs, such as ombuds. However, these jobs tend to be filled by internal employees and by highly experienced practitioners.
  • Explore creative ways to use conflict resolution skills in your current work. Mediator training can enhance your workplace skills in a variety of fields -- such as labor relations and human resources -- to supervisory contexts.
  • Experience as a mediator may enhance your employment opportunities in related fields as a conflict resolution background becomes increasingly valued in the workplace.

5. Online Resources

The following articles with tips on becoming a mediator are available online by clicking the article title:

  • Building a Successful Mediation Practice, by James Melamud
  • So You Want to be a Mediator by James Melamud
  • How Do I Become a Mediator? Southern California Mediation Association


    Disclaimer: The tips provided in this document are intended to serve as a guide for those interested in breaking into the mediation field in NYC. They do not constitute a complete treatment of the topic, nor do they constitute legal advice. Users should fully research best practices to meet their own needs.