Building A Career In Mediation

By Raphael Sedemogun

The ancient Chinese philosopher, Confucius is rumoured to have said “Choose a job you love, and you will never have to work a day in your life.”

One of the most significant life choices we will make is the choice of a career path. In traditional African society, this was not difficult because your family and environment determined your career path.

Thus the farmer’s child becomes a farmer and the fisherman’s child becomes a fisherman or fisherwoman.

A career is an occupation undertaken for a significant period of a person’s life with opportunities for growth progress. In other words, careers are built over a lifetime and sharpened through the acquisition of special training and skills.

During a visit to a class of Harvard MBA students, Ray Kroc, the owner of McDonalds asked, “What business is McDonalds in?”

They all answered “Entertainment!” “Franchising!” “Restaurants!” “Hospitality!” “Supply Chain!”

“No!” Ray laughed and replied “Ladies and gentlemen, I’m not in the hamburger business. My business is real estate.”

He was of course referring to McDonald’s ingenious business model which made more productive use of real estate than almost any other business in the world.

The moral of this story is that it is possible for one to be on a career path without even knowing it, but that is a story for another day.

Mediation is an interactive process where an impartial third party assists disputing parties resolve conflicts using specialized communication and negotiation techniques. While mediation has been around for thousands of years, the experimental use of mediation as a structured method of dispute resolution began in the 1970s in the United States of America.

All over the world today, Mediation has become the preferred means of resolving disputes. Mediation thrives in societies where there is general displeasure with the traditional legal/judicial system. This fact is so true in Nigeria today where justice is delayed, trials are long, protracted, and costly; and the judicial process is essentially a zero sum game- there must be at least one loser.

In contrast, mediation is faster, cheaper, time saving and participatory- the Parties determine the outcome. The Mediator only helps the parties facilitate the best possible outcome in the circumstance; a win-win situation.

In mediation, as in any career, your goal should be to aspire to the apogee. This can only be achieved by observing the following time-honoured rules:

1. Plan

Planning is one of the most important stepping stones to building a successful career in mediation. You will need to be very deliberate about it, after all “if you fail to plan, you plan to fail”. Like success, planning never ends and your game plan should be your roadmap on this journey of a lifetime.

Planning involves identifying the role you would like to play in the mediation value chain as well as the human and other resources available to help you grasp the fundamentals of your chosen role, build specialized knowledge and access opportunities to express yourself. A key benefit to charting your course is that you have as a framework with which you can measure your progress over time.

2. Invest in Personal Development

Building a successful career involves investing in yourself. Attend trainings, seminars, workshops and similar events. With the deluge of ADR Courses and trainings, out there, you should focus on trainings that are hands-on and practical. Preferably, you should invest in programs that offer access to diverse practice opportunities. You can also invest your time in pro bono engagements that provide access to justice opportunities. These are invaluable sources of experience, especially for young people or persons looking to quickly scale the hurdles of experience.

3. Networking

Ever tried clapping with one hand? In careers as in many aspects of life, it takes two to tango. Horizontal and Lateral Networking are essential to building strong relationships either as a Mediation Attorney or as a Neutral. Networks aid the creation of significant relationships with people who can help you discover opportunities. Seminars, conferences, and workshops provide great networking opportunities. Remember, no matter how large it may be, a single tree does not make a forest.

4. Marketing

A good product without a marketing strategy is like winking at a blind horse, or smiling in the dark- pointless. Marketing brings potential clients into your space while your Sales strategy will help you close deals. Your marketing strategy should be built around your brand. In an industry that relies largely on referrals, marketing brings people who need and can afford your services within your orbit. Use online and offline platforms to market your expertise and knowledge.

Marketing decisions include determining the Packaging, Pricing, Placement, and Promotion of your services.

The user experience customers have is a critical element of your marketing outcome. The service you render will either promote or discourage potential prospects. Please note that the Mediation process is built on trust and integrity. Your dealings with prospects and colleagues should always be above-board.

Raphael Sedemogun is a Mediator with Commercial Intermediates. He can be reached at 08035594922, commercial.intermediates@gmail.com,www.commercial-intermediates.com.ng

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Commercial Intermediates is an independent dispute resolution service provider. We provide specialized certification training, consultancy and advisory services to persons seeking to adopt or use ADR systems.