As I look around at the current state of the mediation industry five things continue to annoy me.

1.    Professional mediators are trained in three different venues:  law schools, University based masters and PhD programs in dispute resolution, and 40-hour “Certification” programs offered by private providers.  Each group of students leaves training with different needs.  These needs are often unacknowledged and they remain unmet as  follow-up/future training is typically limited.

2.    There are limited employment opportunities for mediators and the majority of Mediators and Conflict Management Consultants are self employed.  So, training programs should (but most do not) include substantial marketing components.

3.    The “popular” training model – 40-hours of classroom training, followed by a short, on-site (often difficult to acquire) mentorship – was adopted in order to quickly train professionals coming into the profession with experience and knowledge from a related field.  This model has relegated mediation practice to a secondary position.  Re-positioning would require expanding and enhancing the training period and including a true practicum component that is supervised by a practitioner trained in mentoring.

4.    In today’s competitive marketplace branding is a critical component of any marketing plan.  This means that mediators (and other ADR professionals) need to have clear niche expertise.  So, basic training must be followed by advanced training in the niche area.

5.  In order to further the process of mediation and the profession of mediator we must have lobbyists that represent our concerns, on both the state and national levels, with legislatures and executive lawmakers.  And, we must have PR spokespeople who carry our message to the public.

1. A genuine apology can be very powerful and go a long way towards repairing a relationship. Even if you don’t want reconciliation, an apology can bring closure and internal peace as well as reduce the possibility of negative repercussions in the future.

2. People in the wrong are often afraid to apologize; either because they believe that an apology will make them legally liable or open them up to blame and shame. However, we know that doctors who apologize to their patients for medical mistakes don’t get sued nearly as much as the ones who take a more arrogant attitude.

3. Many of the cases that end up in court – especially consumer and workplace cases – could easily be settled by someone making a decent/sincere and timely apology. The problem is – usually – both people think that they have been wronged. It’s often difficult to make an apology if you think that the apology should be made to you. Avoid this trap and base your actions on the big picture. Seek to see all of your disputes from the vantage point of the person on the other side.

4. People on the receiving end of the apology are often so grateful for the apology that almost anything works. You may simply apologize for the distress that the situation has caused both of you and your contribution to creating this distress.  Or, if it’s more appropriate you may want to say “I made a mistake and I am sorry. Hopefully, I will never do this again.”

5. Let the receiver know that it is not your intention to re-hash the situation – ALL you want to do is apologize. However, if you get a third person involved – someone to act as the mediator – you may be able to re-define the issues involved and see the initial conflict in a different light.

6.  There are 3 possible responses to any apology (a) the apology is accepted and the parties go forward with the goal of re-establishing their connection, (b) the receiver accepts the apology and the parties agree to disagree and move on – with their connection severed, or (c) the party who is receiving the apology is unable to receive it and that is the end. Even in this instance the giver of the apology can feel that s/he has done her part – “kept her side of the street clean.”

7.  A sincere apology is one that is made with (a) no expectations for how the other side will respond; (b) trust that if the bond between us is strong enough it will be re-established so long as we are both willing to be open and honest, and if not, not; and (c) knowledge that people come into our lives for a reason, a season, or a lifetime – and we dont usually know which or why.

An apology can be magical, cleansing, and healing. Who do you need to apologize to?

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1.  To create a pre-marital or pre-nuptial agreement, also known as a Marriage Charter.  A mediator can guide a couple’s negotiations so that they can evaluate their expectations, consider a wide variety of options, and make choices about how they want their marriage to look.

2. To create an estate plan.  Often, in both traditional and blended families, there is a lack of clarity regarding the path a family should take to distribute its resources.  A mediator can guide a family’s negotiations so that an estate plan, that takes into account each person’s wants and needs, can be created.

3.  To create a business partner’s agreement, also known as a Partnership Accord.  A mediator can guide the negotiations of potential business partners so that they can evaluate their expectations, consider a wide variety of options, and make choices about how they will operate their business.

4.  To create family agreements, also known as a Family Pact.  A mediator can guide the negotiations of family members seeking resolution with a wide variety of family issues such as curfews and budgets.

Contact me for more information about Preventative Mediation.

1.  Distance counseling will continue to grow in popularity.

2.  Computer addictions of all types, including those related to pornography, shopping, and gambling, will become more problematic.

3.  Health insurance companies will continue to limit mental health services as long as regulations allow them to do so.  This practice is especially problematic in the field of addiction treatment where the trend is to increase the use of outpatient detox (seen as insufficient) and to limit outside providers (which can lead to a higher percentage of relapse).  Some practitioners believe that the insurance companies are “starving them out” and this could result in unethical behaviors and other negative consequences.

4.  If in fact we do have health care insurance reform more people will have health insurance and the insurance companies will demand that mental health professionals provide evidence based treatments.   (Evidence based treatements are mental and behavioral health interventions that empirical research has shown to be effective for specific problems.  Empirical research is based upon actual evidence, as opposed to theory or opinions, and can be replicated in follow-up studies.)

5.  Graduate schools, desperate to stay afloat, will continue to lower their standards and pump-out less qualified practitioners.

6.  Economic and other challenges will continue to create a tremendous need for psychotherapy.  Some of this need will be met by self-help groups.

7.  The general public is more aware of and open to the need for good mental health.  This trend will continue as the media continues to normalize the use of mental health services.  We will see more real people on TV with shows like Dr. Phil, Intervention, and Vh1’s Sex Rehab With Dr. Drew  as well as glimpses of relationships between fictional characters and their therapists – like Meryl Streep in It’s Complicated and HBO’s In Treatment and Tony Soprano.

8.  Like professionals in other fields, mental health practitioners who have developed niche markets, strong client and referral bases, and strong credentials will succeed.  Others will fall by the wayside.

9.  Mental health practitioners (Psychologists, Clinical Social Workers, Mental Health Counselors, and Marriage and Family Therapists) will continue to compete with Psychics (who offer a quick-fix) and Life Coaches, many of whom are better trained in marketing then psychology.  Sadly, disasters can results when clues that a client needs a more intensive mental health intervention are missed.

10.  Mental health practitioners (Psychologists, Clinical Social Workers, Mental Health Counselors, and Marriage and Family Therapists) need to put their professional and theoretical differences aside and unite their lobbies, or lose leverage in the marketplace.

11.  We all need to combine optimism with realism.   Mental health practitioners will need to incorporate positive psychology, which seeks to find and nurture genius and talent and make normal life more fulfilling.

12.  Technological advances will continue to provide us with medical interventions that seem to go against nature.  Mental health practitioners are positioned to assist families and medical ethicists in the decision-making process and the debate regarding who lives, dies, and receives services.

13.  Mental health practitioners will continue to provide the guidance and advice that was previously offered by extended family members and/or spiritual leaders.

14.  Psychopharmacological treatments, without the benefit of talk therapy, will continue to produce both addiction and drug related deaths, for those with celebrity (Heath Ledger, Brittany Murphy, Michael Jackson) and those without.

15.  Wise medical doctors will utilize mental health practitioners and incorporate the practice of narrative medicine into their practices.

16.  Media circus divorces (Jon and Kate) will continue to decline in popularity with celebrity couples choosing instead to use the confidential process of mediation to negotiate their break-ups. The public will continue to follow suit.

1. Resolve to clean out the clutter. Clutter is unprofessional and a psychic drain – blocking creative energy and new ideas. When a business’s physical space is disorganized or overcrowded it sends a negative message to staff and customers. Use ebay, or an ebay reseller like Deb Heller (tadi4again on ebay); freecycle (www.freecycle.com); or a bartner exchange (www.nubarter.com) to get rid of your extra inventory and unwanted items.

2. Resolve to tap into your existing resources. List your personal and professional resources and create an action plan outlining how you will use each of those resources during the next month, six months, and year ahead.

3. Resolve to give your website a face lift (or makeover). Your web presence should be viewed as your business’ face on the world stage. It should be a work in progress. Keep your website current and make frequent updates and revisions. Make sure your website links to your Facebook, twitter, and blog pages.

4. Resolve to reduce expenses. What worked during boom times will not work now. If it is too difficult for you to see what you can trim, sit down with someone else who doesn’t know that much about your business. Show them your expense spreadsheet. Explain where your money is going. Which expenses can you justify? Which ones seem out of line?

5. Resolve to provide exemplary customer service. Your customers are the key to your success. Can you keep your customers happy? I am amazed at how often I encounter businesses that seem oblivious to the fact that if they don’t make their customers happy there is someone else waiting for the business. Stay connected to your customers, find out what is working for them, what isn’t, and what needs you can meet.

6. Resolve to create an out-of-the-box niche. Your out-of-the-box niche is what makes you stand out from the crowd. If you don’t have a niche and nothing in your industry calls to you, start studying your industry’s past, current, and emerging market trends. Do some market research by talking to targeted customer groups and find their unmet needs. Having a niche doesn’t mean you turn away other business. You can still take that business in. But, having a niche gives you a marketing target and expert status.

Click here to go to Ezinearticles.com and view Elinor Robin’s complete article

Click here to go to Ezinearticles.com and view Elinor Robin’s complete article

Click here to go to Ezinearticles.com and view Elinor Robin’s complete article