A Mediator's Guide To Understanding the Pricing Process

The pricing process in mediation is often complex, owing to the uniqueness of every dispute. To price your services effectively, you must understand various pricing models, such as hourly rates, flat fees, or retainer models, and when each is appropriate.

Understanding the Pricing Process

Determining the appropriate pricing for mediation services can be a multifaceted task due to the inherent complexity and uniqueness of each dispute. To effectively price your services, it is crucial to comprehend and evaluate various pricing models, including hourly rates, flat fees, and retainer models, and determine which model is most suitable for different scenarios. This section of the book provides comprehensive guidance on understanding these pricing models, analyzing your cost structure, and accurately determining the value you offer to your clients.

One commonly used pricing model in mediation is the hourly rate. Under this model, mediators charge clients based on the number of hours spent on the mediation process, including preparation, sessions, and any additional services. Hourly rates provide a transparent and flexible pricing structure, allowing both mediators and clients to have a clear understanding of the cost associated with the services rendered.

Another pricing model to consider is the flat fee. With a flat fee structure, mediators charge a predetermined fixed amount for their services, regardless of the time spent on the mediation process. Flat fees can offer predictability and simplicity for clients, as they know the exact cost upfront. This model of pricing can be for ½ day or full day services (note – if you choose this model, consider charging more for the first half of the day than the full day)

The retainer model is yet another pricing approach utilized in mediation. Under this model, clients pay an upfront retainer fee to secure the mediator's services for a specific period or until the resolution of the dispute. The mediator then deducts the fees for their services from the retainer as the process progresses.

the importance of analyzing your cost structure. By understanding your expenses, such as overhead costs, professional development, marketing, and administrative expenses, you can accurately assess the financial aspects of your mediation practice. This analysis enables you to determine the minimum acceptable fee level required to cover your costs and generate a reasonable profit.  

Price Setting Techniques
Setting the right price for mediation services is a delicate balancing act that requires careful consideration. It involves finding the sweet spot that ensures both business profitability and customer satisfaction. Pricing too high may discourage potential clients, while pricing too low can undervalue your services and hinder the growth of your practice. Let’s cover various price-setting techniques, including cost-plus pricing, value-based pricing, and market-oriented pricing, providing mediators with the tools to establish optimal pricing strategies for their services.

Cost-plus pricing is a straightforward approach that involves calculating the total cost incurred in delivering mediation services and adding a predetermined profit margin. This technique considers both direct costs, such as time spent on mediation sessions, administrative expenses, and any additional costs specific to the dispute, as well as indirect costs like overhead expenses and professional development. By accurately assessing costs and adding an appropriate profit margin, mediators can set prices that cover their expenses and generate a reasonable profit. Cost-plus pricing ensures that mediators are compensated for their time and expertise while maintaining a sustainable practice.

Value-based pricing is a technique that revolves around understanding and capturing the perceived value of mediation services from the client's perspective. Instead of solely relying on costs, this approach takes into account the benefits, outcomes, and impact that clients expect to gain from the mediation process. Mediators employing value-based pricing focus on quantifying and communicating the value they provide to clients, such as improved relationships, reduced legal costs, or long-lasting resolutions. By aligning the price with the perceived value, mediators can establish a strong value proposition and attract clients who recognize the benefits of their services.

Market-oriented pricing involves analyzing the competitive landscape and setting prices based on market dynamics. This technique considers factors such as the prevailing rates charged by other mediators in the same geographic area and specialization, as well as the demand and supply dynamics of the market. Market-oriented pricing requires careful market research and benchmarking to ensure that the prices set are competitive while reflecting the unique value and expertise of the mediator. By staying aware of market trends, mediators can position themselves strategically and adjust their prices to meet market expectations.

It's important to note that price-setting techniques can be combined or customized to suit the specific needs of mediators and their target market. Furthermore, flexibility in pricing strategies may be necessary for different types of disputes, clients, or market segments.

Ultimately, selecting the appropriate price-setting technique requires a thorough understanding of your costs, the perceived value of your services, and the dynamics of the market in which you operate. By implementing these pricing techniques effectively, mediators can strike a balance that not only ensures the profitability and sustainability of their practice but also resonates with clients and fosters long-term satisfaction.  

Competitive Pricing Analysis

In the dynamic field of mediation, understanding the pricing landscape and staying competitive is crucial for attracting potential clients and ensuring the success of your practice. Conducting a comprehensive competitive pricing analysis allows mediators to gain insights into what their competitors are charging for similar services. By evaluating market rates and understanding the pricing strategies of other mediators, you can position your prices competitively, making your services more attractive to potential clients.

The first step in conducting a competitive pricing analysis is identifying your key competitors. These can be mediators or mediation firms who offer similar services or specialize in the same niche or geographic area. It is essential to identify a representative sample of competitors that accurately reflects the market dynamics and your target audience. Once identified, gather information on their pricing structures, fee schedules, and any additional services or packages they offer. This can be done through research, online searches, or networking with industry professionals.

After collecting the necessary data, analyze and compare the pricing information obtained from your competitors. Look for patterns, trends, and commonalities in their pricing strategies. Assess the factors that may influence their pricing decisions, such as their level of experience, expertise, reputation, geographic location, specialization, and the perceived value they offer to clients. This analysis will provide you with valuable insights into the pricing landscape, helping you understand how your competitors position themselves in the market and what pricing ranges are prevalent.

Based on the findings of your competitive pricing analysis, you can adjust and fine-tune your own pricing strategy. This section of the book guides you through the process of leveraging the information gathered to inform your pricing decisions. It helps you strike the right balance between competitiveness and profitability by considering factors such as your costs, value proposition, unique selling points, and target market. By incorporating market rates into your pricing strategy, you can ensure that your prices are attractive to potential clients while still allowing you to achieve your desired financial goals.

Furthermore, the competitive pricing analysis can provide insights beyond pricing alone. It can shed light on additional services, packages, or incentives that competitors offer, allowing you to identify potential areas for differentiation and innovation. By understanding what sets your competitors apart, you can strategically position your own services and craft unique value propositions that resonate with your target market.It is important to note that competitive pricing analysis should not be the sole determinant of your pricing strategy. While it provides valuable information and a benchmark for market expectations, other factors such as your own costs, value proposition, and business objectives should also be considered. The competitive pricing analysis serves as a tool to inform your decision-making process and ensure that your prices remain competitive in the context of the market. 

So what pricing structure do you have and is now a good time to re-evaluate how much you’re charging?

Timeline, Setting Goals, and Measuring Marketing Success for Mediation Practice Development

Establishing a successful mediation practice requires a structured approach with clear timelines, goal setting, and continuous measurement of marketing success. Here’s a detailed guide to help you develop your practice effectively:

Timeline for Practice Development

First 3 Months: Laying the Foundation

• Clarify Purpose and Values: Define your core values, mission, and unique selling points. This foundation will guide your marketing strategy.

• Business Planning: Develop a comprehensive business plan, including market research, target audience identification, financial projections, and initial marketing strategies.

• Branding: Create a professional brand identity, including a logo, business cards, and a basic website to establish an online presence.

3-6 Months: Building Visibility

• Networking: Attend local ADR luncheons, seminars, and industry events to build connections and raise awareness about your practice.

• Online Presence: Develop and launch a professional website with detailed information about your services, mission, and contact details. Start a blog to share insights and establish your expertise.

• Marketing Materials: Create brochures, flyers, and other marketing materials to distribute at networking events and within your community.

6-12 Months: Expanding Reach

• Content Marketing: Regularly update your blog and consider contributing articles to industry publications to enhance your credibility.

• Social Media: Establish a presence on relevant social media platforms (LinkedIn, Twitter, Facebook) and engage with your audience through regular posts and interactions.

• Workshops and Seminars: Host or co-host workshops and seminars to showcase your expertise and attract potential clients. These events can be both physical and virtual.

1-2 Years: Deepening Engagement

• Client Relationships: Focus on building strong relationships with initial clients and seek testimonials and referrals to build your reputation.

• Advanced Networking: Join professional organizations and consider taking on leadership roles to increase your visibility and influence within the field.

• Continuous Learning: Attend advanced training and workshops to stay updated on the latest mediation techniques and industry trends.

2-3 Years: Sustaining Growth

• Evaluate and Adjust: Regularly review and adjust your marketing strategies and business plan based on what has been most effective.

• Mastering Social Media

• Deeper Engagement Within Networking Groups

• Multi-Faceted Outreach to Clients and Prospective Clients

Setting Goals

SMART Goals:

• Specific: Clearly define what you want to achieve. For example, “Increase website traffic by 30% in six months.”

• Measurable: Ensure your goals can be tracked and measured. Use metrics like website visits, social media engagement, or the number of new clients.

• Achievable: Set realistic goals based on your resources and current market conditions.

• Relevant: Align your goals with your overall business objectives and mission.

• Time-bound: Set deadlines for achieving your goals to maintain focus and motivation.

Examples of Marketing Goals:

• Increase Online Presence: Aim to have 500 website visitors per month within the first six months.

• Enhance Client Engagement: Secure 10 client testimonials and 3 case studies within the first year.

• Expand Professional Network: Attend 12 networking events and join 3 professional organizations within the first year.

• Grow Client Base: Sign 20 new mediation clients within the first year of practice.

Measuring Marketing Success

Key Performance Indicators (KPIs):

• Website Analytics: Track metrics such as unique visitors, page views, bounce rates, and conversion rates using tools like Google Analytics.

• Social Media Metrics: Monitor engagement rates, follower growth, and the reach of your posts on platforms like LinkedIn, Twitter, and Facebook.

• Lead Generation: Measure the number of new leads generated through your marketing efforts and the conversion rate of those leads into clients.

• Client Feedback: Collect and analyze client feedback through surveys and reviews to gauge satisfaction and areas for improvement.

• Referral Rates: Track the number of referrals you receive and their sources to understand the effectiveness of your referral programs and partnerships.

Regular Reviews:

• Monthly Reviews: Conduct monthly reviews of your marketing activities and performance metrics. Adjust strategies as needed based on these insights.

• Quarterly Assessments: Perform more in-depth quarterly assessments to evaluate the overall effectiveness of your marketing plan and make strategic adjustments.

• Annual Audits: At the end of each year, conduct a comprehensive audit of your marketing efforts to understand what worked well and what didn’t. Use this information to refine your marketing plan for the coming year.

By following this structured approach, setting clear goals, and regularly measuring your marketing success, you can develop a thriving mediation practice that effectively attracts and retains clients.

The Familiarity Factor: Enhancing Practice Development with Rapport

In the realm of mediation and arbitration, building rapport is essential for establishing trust with both clients. When considering your online marketing strategy, one of your top priorities should be to build rapport through familiarity.

The more frequently individuals encounter your mediation or arbitration practice, the more familiar and trustworthy you appear. Imagine driving through an unfamiliar town and noticing multiple branches of a local restaurant—you'd likely assume it's a reputable establishment. Similarly, consider billboards for real estate agents; seeing an agent’s name repeatedly on billboards or in commercials creates a perception of credibility and significance. While this might not always reflect reality, exposure and familiarity do build rapport in a consumer's mind, often subconsciously.

When it comes to building rapport through internet marketing, mediators and arbitrators need to focus on two key audiences.

Build Rapport with Your Network

It’s easy to view internet marketing solely as a way to attract new clients. However, your existing clients, colleagues, and referral sources (your network) also spend significant time online. Ensuring your internet marketing efforts keep you connected and familiar (top of mind) with your network is crucial.

For example, you might regularly share updates and insights relevant to dispute resolution on professional networking sites like LinkedIn. By doing so, you maintain visibility among your professional peers and clients, reinforcing your presence and expertise.

Build Rapport with Prospects

A robust online presence—encompassing a professional website, active social media profiles, Google listings, and video content—makes you more visible. Just like the real estate agent on a billboard, increased online visibility helps build your brand and generates leads through repeated exposure. Prospective clients are more likely to choose a mediator or arbitrator they frequently encounter online, as this familiarity fosters trust.

Practical Steps to Build Rapport

To achieve this, consider implementing the following strategies:

1. Email Newsletter: Send a regular email newsletter to stay connected with your network. Include a professional photo of yourself to help subscribers associate your face with your practice. Share updates, insights, and success stories related to mediation and arbitration.

2. Blog and Video Content: Create blog articles and video content addressing common issues in mediation and arbitration. This not only enhances your online presence but also positions you as a thought leader in your field. Repurpose this content for your email newsletter to reinforce your expertise.

3. Social Media Engagement: Establish and maintain active profiles on social media platforms, particularly LinkedIn and Twitter, where professionals and potential clients are most active. Share relevant content, engage in discussions, and provide valuable insights to build rapport and familiarity.

Professional Assistance

If you recognize the importance of these strategies but prefer to focus on your practice rather than marketing, consider partnering with a marketing firm specializing in online presence for mediators and arbitrators. They can manage these tasks efficiently, ensuring your practice remains visible and familiar to your target audience.

By prioritizing familiarity and consistent online engagement, you can build strong rapport with both your network and potential clients, ultimately enhancing the trust and credibility of your mediation or arbitration practice.

Sustaining Success in Your Mediation Practice Marketing in 7 Easy Steps

Marketing is not a one-time effort, but an ongoing process. To sustain your success in the practice of mediation, you must continually evaluate and adjust your marketing strategies to match the changing market trends. The importance of maintaining ongoing marketing efforts can’t be overstated. Here are some strategies for doing just that.

Marketing in the field of mediation is not a one-time endeavor; it requires continuous effort and adaptation to keep up with the evolving market landscape. Sustaining success in mediation necessitates ongoing marketing efforts to maintain visibility, attract new clients, and stay ahead of competitors. Today’s video emphasizes the significance of maintaining consistent marketing activities and provides strategies to ensure your marketing efforts remain effective over time.

1.    Regular evaluation and analysis: Continually evaluate the effectiveness of your marketing strategies to identify what is working and what needs adjustment. Monitor key performance indicators (KPIs) such as website traffic, conversion rates, social media engagement, and client acquisition. Analyze the data provided by analytics tools and gather feedback from clients to gain insights into their experiences and preferences. Use this information to make data-driven decisions and refine your marketing approach accordingly.

2.    Stay updated with market trends: The field of mediation is constantly evolving, influenced by changes in legal regulations, client expectations, and industry trends. Stay informed about the latest developments, emerging techniques, and market demands by reading industry publications, attending conferences and workshops, and participating in relevant professional associations. By keeping abreast of the latest trends, you can align your marketing efforts with the changing needs of your target audience and position yourself as a trusted and up-to-date mediator.

3.    Social Media content creation and distribution: Maintain a consistent content creation and distribution strategy to keep your audience engaged and attract new followers. Continually produce valuable and relevant content, such as blog articles, videos, or podcasts, that addresses the challenges, concerns, and interests of your target audience. Regularly share this content on your website, social media platforms, and email newsletters. Stay responsive to your audience's feedback and questions, incorporating their input into future content to demonstrate your commitment to addressing their needs.

4.    Refine your brand message: Regularly evaluate and refine your brand message to ensure it effectively communicates your unique value proposition and resonates with your target audience. Review your website, social media profiles, and marketing materials to ensure consistency and clarity in conveying your expertise and the benefits of your mediation services. Fine-tune your brand positioning and messaging based on market research, feedback from clients, and insights gained from industry networking.

5.    Cultivate client relationships: Building and nurturing strong relationships with your clients is essential for ongoing marketing success. Provide exceptional service to your existing clients, ensuring their satisfaction and encouraging them to refer your services to others. Implement follow-up procedures to gather feedback, address any concerns, and maintain open lines of communication. Engage with clients on social media platforms by connecting, messaging, liking, commenting on, and sharing their posts. By fostering positive client relationships, you increase the likelihood of repeat business and word-of-mouth referrals, which are invaluable marketing assets.

6.    Networking and collaboration: Actively engage in networking activities and seek opportunities for collaboration within the mediation community. Attend industry events, participate in webinars, and join professional associations to connect with potential clients and peers. Share your insights, participate in panel discussions, and offer training sessions or workshops to showcase your expertise and establish yourself as a thought leader. Collaborate with other mediators, legal professionals, or complementary service providers to expand your reach, cross-promote each other's services, and leverage each other's networks.

7.    Monitor and adapt your marketing plan: Regularly review and update your marketing plan to ensure it aligns with your business goals and accommodates changes in the market landscape. Assess the performance of your marketing activities, adjust strategies as needed, and explore new tactics or channels to reach your target audience. Stay agile and responsive to shifts in client preferences, emerging technologies, and competitive dynamics. By continually monitoring and adapting your marketing plan, you can maintain relevance and effectiveness in your marketing efforts.

By embracing ongoing marketing efforts, you can sustain your success as a mediator. Continually evaluate and refine your strategies, stay informed about market trends, create and distribute valuable content, cultivate client relationships, engage in networking, and adapt your marketing plan accordingly. With a proactive and adaptive approach to marketing, you can position yourself as a trusted mediator, attract new clients, and foster long-term growth and success in your mediation practice.

PROMOTING A NEGATIVE: A guide for mediators

It goes against human nature to admit a problem.  We’ve had “Think positive” drilled into our psyches for years now.  In fact, “thinking positive” has been the subject of endless books and articles. 

Let’s take this tenet of thinking positive one step further – into the marketing of an apparent negative like the dispute resolution industry.  It may surprise to you that one of the most effective ways to get into a prospect’s mind is to first admit a negative and then twist it into a positive.   

“With a name like Smucker’s, it has to be good.”

“The 1970 VW will stay ugly longer.”

“Joy.  The most expensive perfume in the world.” 

What’s the deal here?  Why does a dose of honesty work so well in the marketing process? 

Well, candor is very disarming.  Every negative statement you make about yourself is instantly accepted as truth.  Positive statements, on the other hand, are looked at as dubious at best, especially in a marketing piece.  You have to prove a positive statement to the prospect’s satisfaction.  No proof is needed for a negative statement. 

“With a name like Smucker’s, it has to be good.”  Most companies, especially family companies, would never make fun of their own name.  Yet the Smucker family did, which is one reason why Smucker’s is the No. 1 brand of jams and jellies.  If your name is bad, you have two choices: change the name or make fun of it.  The one thing you can’t do is to ignore a bad name.

“The 1970 VW will stay ugly longer.”  A car that ugly must be reliable, thinks the prospect. 

“Joy. The most expensive perfume in the world.”  If people were willing to pay $375 an ounce, it must be a sensational perfume. 

So why go with the obvious?  Marketing is often a search for the obvious.  Your marketing efforts should be devoted to using ideas and concepts already installed in the brain.  You have to use your marketing programs to “rub it in.”  

Let me read to you an example of a mediator bio showing the possible negatives and then the positive sides. 

Mary The Mediator has a deep understanding of myriad legal issues having represented both plaintiffs and defendants, large corporations as well as individuals, and private and public companies. As in-house counsel with oversight for bet the-company and other high-profile litigation, she gained firsthand knowledge of companies’ internal operations, policies, procedures, and corporate demands and objectives.

Most importantly, Mary The Mediator is a neutral who understands what your case needs.

You need a neutral who understands the culture of big companies and big law so that you’re not put in the position of explaining who you are, what you do, and why you do it. 

You need a neutral who comprehends the pressures you’re under and the decisions that you face. Mary The Mediator has first-hand experience with the daily tasks and demands placed on you.

You need a neutral with the requisite interpersonal skills to manage contentious relationships and help you move from impasse to problem-solving.  Mary The Mediator has fine-tuned her tactical, negotiation, and resolution skills over decades of working with clients just like you.

You need a neutral who, through patience and tenacity, can help you find and draft a durable and reasonable solution.  One of Mary The Mediator’s notable skills is that she doesn’t give up on helping you. She understands how important it is to keep channels of communication open, processes moving forward, and resolution within reach.

You need a neutral who, when asked, can give you an impartial reality check.

And you need a neutral with the essential experience and communication skills to make of this possible.

Throughout her extensive career, Mary The Mediator has worked with private and public companies across multiple industries. She has gained an in-depth understanding of, and helped to resolve, a wide range of commercial and legal issues, including securities, insurance, structured finance, corporate governance, tort, and employment. This professional experience, complemented by her perceptive, trustworthy, and solution-oriented disposition, enables her to effectively resolve multifaceted disputes and challenging dynamics.   

When you start a marketing message by admitting a problem, people tend to, almost instinctively, open their minds.  

Now with that mind open, you’re in a position to make the most of your positive, which is your selling idea. 

One final note: candor must be used carefully.  First, your “negative” must be widely perceived as a negative.  It has to trigger an instant agreement with your prospective client’s mind. If the negative doesn’t register quickly, your potential clients will be confused and will wonder, “What’s this all about?” 

Next, you have to shift quickly to the positive.  The purpose of candor isn’t to apologize. The purpose of candor is to set up a benefit that will convince your prospect. 

This just reinforces the old maxim: Honesty is the best policy.

Professional Development Opportunities For Mediators

From certification programs and training courses to industry conferences and seminars, there are numerous opportunities for professional development in the field of mediation.

6 Professional Development Opportunities

The field of mediation offers a wide range of professional development opportunities that enable mediators to enhance their skills, expand their knowledge, and stay updated with industry trends. These opportunities provide valuable platforms for learning, networking, and professional growth. In this section, we will explore different types of professional development opportunities available in mediation and provide advice on how to choose the ones that are most beneficial to you and align with your professional goals.

1.     Certification Programs and degrees from established colleges and universities: Certification programs and degrees provide structured training and education in ADR in general and for specific areas of mediation. They are designed to deepen your knowledge, develop specialized skills, and demonstrate your expertise in a particular field. For example, you may consider pursuing certifications in family mediation, workplace mediation, or international mediation. When choosing a certification program, ensure that it is offered by a reputable organization or institution, covers relevant topics, and provides comprehensive training that aligns with your interests, career goals and the has the necessary training that your clients will want from you.

2.     Training Courses and Workshops: If a degree isn’t what you need or you’re your clients will want to see your resume, training courses and workshops offer focused and practical learning experiences in various aspects of mediation. These opportunities allow you to develop specific skills, learn new techniques, and gain hands-on experience under the guidance of experienced mediators. Look for training courses that offer interactive and experiential learning, provide opportunities for role-playing and case studies, and are facilitated by knowledgeable trainers. Consider the topics, duration, and learning outcomes of the training courses to ensure they meet your learning objectives.

3.     Industry Conferences and Seminars: For continuing education, industry conferences and seminars bring together mediators, practitioners, scholars, and thought leaders in the field. These events offer opportunities for learning, networking, and staying updated with the latest research, trends, and best practices in mediation. When choosing which conferences or seminars to attend, consider the quality and reputation of the event, the diversity of topics and speakers, and the relevance of the content to your practice. Look for conferences that offer a mix of keynote speeches, panel discussions, and interactive workshops to maximize your learning experience.

4.     Webinars and Online Learning Platforms: Additionally, webinars and online learning platforms provide convenient and accessible options for professional development. They allow you to learn from experts in the field, engage in interactive sessions, and access resources from the comfort of your own space. Look for webinars and online learning platforms that offer a variety of topics, reliable presenters, and opportunities for discussion and Q&A sessions. Consider your preferred learning style and schedule when selecting webinars or online courses to ensure they fit your needs.

5.     Peer Learning and Mentorship: Peer learning and mentorship offer valuable opportunities for mediators to learn from and support one another. Participating in study groups, discussion circles, or peer supervision sessions allows you to share experiences, exchange ideas, and receive feedback from fellow mediators. Seeking mentorship from experienced mediators can provide guidance, practical advice, and support in your professional development journey. When engaging in peer learning or mentorship, seek individuals with diverse experiences, expertise, and a willingness to share their knowledge.

6.     Professional Association Resources: Professional associations and organizations in the field of mediation often provide resources, publications, webinars, and conferences that cater to the professional development needs of mediators. Consider joining a reputable professional association or organization that aligns with your practice area and interests. Explore the resources and opportunities they offer, such as newsletters, online forums, specialized training programs, and networking events. Active involvement in these associations can provide access to a supportive community, valuable resources, and opportunities for collaboration.

When choosing professional development opportunities, consider the following factors:

• ·       Relevance: Ensure that the opportunity aligns with your professional goals, interests, and practice area. Choose opportunities that address specific gaps in your knowledge or skills.

• ·       Quality and Reputation: Research the reputation and credibility of the program, organization, or event. Look for reviews, testimonials, or recommendations from trusted sources.

• ·       Expertise of Facilitators or Speakers: Consider the expertise and experience of the facilitators or speakers involved in the opportunity. Verify their qualifications, reputation, and contributions to the mediation field.

• ·       Cost and Accessibility: Evaluate the cost, location, and accessibility of the opportunity. Consider your budget, schedule, and geographical constraints when making your selection.

• ·       Continuing Education Requirements: If you are bound by professional or regulatory bodies, check if the opportunity fulfills continuing education requirements or contributes to your professional development obligations.

Remember that professional development is an ongoing process, and it is beneficial to engage in a variety of opportunities throughout your career. By actively seeking professional development, you demonstrate a commitment to excellence, continuous learning, and the growth of your mediation practice.

Once you’ve completed any professional development program don’t forget to update your bio / resume / CV so that prospective clients can easily see your devotion to professionalism. 

And most importantly, although I think that continuing education is always valuable, before you invest your time and money (both limited resources) think about how any professional development education will enhance your ability to serve clients or help you grow your practice.  Of course professional development matters to all of us.  But if your professional development matters a lot to your clients, it should matter a lot to you too.

Practice Development Tips For Mediators From Lessons I Learned In The Kitchen

I like English Toffee.  It’s simple to make and delicious.  And it’s the perfect analogy to marketing your ADR practice. Here’s how. 

English toffee has 5 basic ingredients that most of us have at our fingertips.  Toffee is just sugar, water, butter, salt, and vanilla.  You’ll also want a candy thermometer.  For practice development those 5 ingredients translate to networking, writing, speaking, training, and social media.   The candy thermometer is the analytics you use to measure your success. 

Making toffee requires patience.  Building a practice requires patience.   

For toffee, you combine all the ingredients in the right amounts and stir consistently until you reach the hard boil point. Et voila – a perfect and delicious hard candy.   

The thing is if you’re impatient, you either end up burning your toffee or with soft caramel.  Burning your batch of toffee is just tragic.  And being impatient and taking your toffee off the stove too early will result in a pan of caramels.  Now I’m a fan of caramel. It’s soft and yummy.  But it’s not the ultimate goal – hard toffee.   

In building your practice, you want the hardness of toffee.  

And just like making hard toffee, building your practice is both an exercise in patience and exercising your stirring muscles.  The first ten minutes of stirring doesn’t show much progress.  But then … the magic happens and very quickly your mixture turns from bubbling sugar into amazing toffee.  Hard, sweet and delightful.

When you’re building your practice, it takes a basic recipe (your strategy), a little patience and consistent efforts to see results.  Practice development is a simple mix of ingredients, networking, writing, speaking, training, and social media all applied in the right amounts over time and using analytics to mark your successes.

For us the recipe (strategy) is simple – sit down and figure in what portions you’ll be promoting your practice using networking (the main ingredient), augmented and flavored with writing, speaking, training, and social media.  Be sure to utilize your preferred analytics tool to manipulate (stir) your strategic recipe to the right temperature (for us this success is getting more cases).  Now add a massive amount of patience and keep stirring.   

And then … bingo … the cumulative effect of your marketing efforts turns your slowly boiling practice into a full-blown success

Without the recipe, it’s unlikely that most folks would make it to minute five, never mind ten.  But you’re not most folks.  I happen to think that just knowing it can be done, just tasting that success makes it far more likely you’re going to stick it out and do it again.  Because once you’ve set out to make a hard toffee or a successful practice, you’ll want to repeat that experience. 

It might feel like a bit of slog now, but when the magic happens, you’ll be happy with the results and you won’t be thinking about those first 9 minutes of burning arm muscles and unfulfilled goals.  You’ll be thinking about the sweet success you’re seeing and repeating the recipe for those successes again and again.

Often, we assume that today’s caramel is the entire result, but it doesn’t have to be.  Keep at it and you’ll get the English Toffee you were hoping for.

Navigating Social Media as a Mediator: Best Practices and Pitfalls to Avoid

Social media has become an integral tool for communication, networking, and outreach. For mediators, harnessing the power of social platforms can enhance visibility, foster connections, and amplify your message of conflict resolution and peacebuilding. But, navigating social media requires a nuanced approach, balancing professional engagement with ethical considerations. So today, let’s explore what mediators like you should post on social media and the pitfalls to avoid.

What Mediators Should Post on Social Media:

Educational Content: Share insights, articles, and resources related to conflict resolution, mediation techniques, and best practices. Providing valuable information demonstrates expertise and fosters engagement with your audience.

Success Stories: Highlight successful mediation cases (while preserving confidentiality) to showcase the positive impact of mediation on resolving disputes and building relationships. Personal narratives humanize the process and inspire trust in your abilities.

Thought Leadership: Offer commentary on current events, trends, and challenges in the field of conflict resolution. Position yourself as a thought leader by sharing your perspectives, opinions, and innovative ideas.

Give an Update:  Sharing timely news pertinent to your followers.  To provide proof of your professionalism, credibility and authority, and that you’re well-informed about your field’s advancements, is by disseminating important news that resonates with your followers. To illustrate, if you’re an insurance mediator, sharing about the latest amendments to insurance laws is an excellent strategy to offer useful insights to your followers while underscoring your own proficiency.

Promotional Content: Promote your services, upcoming events, workshops, and webinars related to mediation and conflict resolution.

Professional Achievements: If you’ve received an award, completed a relevant course, or achieved a significant career milestone, feel free to share this news. It helps build your professional credibility.

Share someone else’s post / story / article / podcast / event that your potential clients would appreciate.

Events and Workshops: Promote mediation-related events, workshops, or training sessions. This can help attract attendees and facilitate networking opportunities.

Still can’t find something you want to post about.  Use the search feature on LinkedIn.  Just type in the word or hashtag that you’re interested in, hit the enter key and let LinkedIn show you what other’s are talking about, posting, writing on, sharing, and giving presentations about.

What Mediators Should Never Post on Social Media:

Confidential Information: Avoid sharing details or identifying information about specific mediation cases, parties, or outcomes. Respect confidentiality agreements and uphold the integrity of the mediation process.

Biased or Offensive Content: Refrain from posting content that may be perceived as biased, discriminatory, or inflammatory. Maintain professionalism and neutrality in all communications to preserve trust and credibility.

Legal Advice: Resist the temptation to provide legal advice or opinions on specific legal matters. Mediators should focus on facilitating communication and negotiation, leaving legal interpretations to qualified professionals.

Personal Opinions: Exercise discretion when sharing personal opinions or engaging in controversial topics unrelated to conflict resolution. Remember that your online presence reflects your professional identity and may impact your reputation.

Overly Personal Content: Maintain boundaries between your personal and professional life by avoiding oversharing personal information or irrelevant updates. Keep the focus on your expertise and the value you offer as a mediator.

False or Misleading Information; Ensure that the information you share is accurate and reliable. Sharing false or misleading information can damage your credibility and the credibility of the mediation profession.

Social media can be a powerful tool for you to connect with your audience, share valuable insights, and promote your services. By adhering to best practices and avoiding common pitfalls, you can leverage social platforms to elevate your presence. Remember, every post should add value, uphold professionalism, and respect confidentiality.

Marketing a Meditation Practice is Like Working Out

In trying explain the best ways in which to market a mediation practice, I have found an analogy that I think I everyone will understand – even if there’s no first hand experience.  Let’s talk about working out.  You know the tradition workout at gym, or in your living room, maybe hiking a mountain, or cycling beautiful trails.  Maybe you’re a swimmer or runner?  Regardless, I think there some interesting parallels between marketing a meditation practice and working out.

We all understand that if we go to the gym and lift weights today, it’s good for us.  We also understand that after that workout if we look in the mirror we’re very unlikely to see immediate results.  The same will be true tomorrow.  And the day after that, and the day after that.  It takes a tenacity and consistency to make big changes in our fitness, strength, and flexibility. 

Just like working out, marketing a meditation practice doesn’t yield immediate results. It’s a long-term commitment. In fitness, you don’t get fit overnight, it takes consistent effort over time. Similarly, building a brand and attracting a dedicated audience in the meditation space is a gradual process.

In both domains, tenacity is key. When you’re working out, there will be days when you don’t see progress, or when you’d rather do anything else. The same goes for marketing - there will be campaigns that don’t work out, or times when engagement is low. But it’s important to stay the course, learn from these experiences, and keep going.

Flexibility

Flexibility is another shared trait. In fitness, it’s about adapting your workout to your body’s needs and capabilities. In marketing, it’s about adjusting your strategy based on market trends, feedback, and results. Being rigid in either case can lead to injury or failure.  Think about where your potential clients are and put yourself in front of them.  Do they prefer in-person presentations?  Are they loving social media?  And if so, which platform?  Maybe they’re keen on trainings or have a preference for reading about topic issues?

The idea, is to be flexible.  Meet your clients where they are.

Strength

Strength in fitness is about more than just lifting heavy weights. It’s about building core stability and endurance. In marketing, think about your particular process or practice strength. This could be seen as your brand’s unique selling proposition - what makes you stand out from the crowd. It’s about building a strong foundation that can withstand market fluctuations.

Consistency

Finally, consistency is perhaps the most important factor in both working out and marketing. In fitness, skipping workouts won’t get you closer to your goal. Similarly, inconsistent messaging or sporadic marketing efforts can confuse your audience and dilute your brand.  Stay on it.  Create a production calendar that keeps your marketing activities (writing, speaking, training, networking, and social media) moving ahead on a regular basis.

So, as we can see, marketing a meditation practice and working out have more in common than one might think. They both require time, tenacity, flexibility, strength, and above all, consistency. So let’s approach our marketing efforts the same way we would approach our workouts - with dedication, adaptability, and a commitment to consistent growth.

How Marketing Perspective Can Propel Your Mediation Practice Forward

Dictionary.com defines Perspective as  the art of drawing solid objects on a two-dimensional surface so as to give the right impression of their height, width, depth, and position in relation to each other when viewed from a particular point.

It also defines perspective as a particular attitude toward or way of regarding something; a point of view and this is what leads me to today’s topic.

How Marketing Perspective Can Propel Your Mediation Practice Forward

The way you present your brand can make or break its success. Marketing isn’t just about promoting your services; it's about building a connection with your clients and prospective clients. A well-crafted marketing perspective can distinguish a company from its competitors by creating a lasting impression and fostering customer loyalty.

Understanding the Market

Before embarking on any marketing initiative, it’s crucial to have a deep understanding of your market. This includes knowing who your potential clients are, what they need, and how they make decisions. Conducting market research helps mediators identify key demographics, prevalent issues, and emerging trends in dispute resolution. This insight enables you to tailor your services and marketing messages to meet the specific needs of your target audience, making your practice more relevant and attractive to potential clients.

Client-Centric Marketing

Another critical aspect of an effective marketing perspective is understanding and valuing the audience. Marketing is not just about projecting a message; it's about engaging in a dialogue. This involves listening to the audience's needs, preferences, and feedback, and then responding appropriately.

When mediators focus solely on delivering their message without considering the audience's perspective, they miss out on valuable insights that could enhance their communications. Audience-centric marketing requires empathy and the ability to view the brand from the consumer's viewpoint. By doing so, neutrals can create content that resonates more deeply, addresses real needs, and builds stronger relationships.

The Power of Subtlety in Marketing

When constructing a marketing campaign, one important element to bear in mind is subtlety. Marketing that shouts at the audience can often come across as desperate or aggressive, which may turn potential customers away. Instead, a subtle approach can be more effective, allowing the audience to engage with the content naturally and on their own terms.

Subtle marketing does not mean being vague or ambiguous; it means providing just enough information to pique interest and encourage further exploration. This method respects the intelligence of the audience, giving them the space to discover the message and its value on their own. For example, rather than bombarding the audience with explicit messages, subtle marketing might use storytelling, evocative imagery, or suggestive themes that invite viewers to draw their own conclusions and develop a deeper connection with the brand.

The Deeper Purpose of Marketing

Great marketing goes beyond the superficial aspects of a business. It delves into the core values and mission that drive your practice. This deeper purpose is what sets your brand apart and gives it a unique identity. Marketing that communicates this purpose effectively can inspire and motivate prospective clients, fostering a sense of trust and loyalty.

For instance, marketing campaigns that highlight a practice’s commitment to sustainability, community involvement, or ethical practices can create a powerful emotional connection with consumers. This approach not only differentiates the brand but also aligns with the growing consumer demand for transparency and corporate responsibility.

The importance of a well-thought-out marketing perspective cannot be overstated. Subtlety, audience engagement, and a deeper purpose are key components of effective marketing. By embracing these elements, mediators can create campaigns that resonate more deeply, foster lasting connections, and ultimately drive success. Marketing is not just about shouting your message the loudest; it's about crafting a narrative that invites your audience to listen, engage, and believe in your services.

Cultivating Visibility: A Strategic Approach for Mediators

As a mediator, your skills, expertise, and dedication to facilitating resolution among conflicting parties are paramount. Yet, while you excel at your craft, one aspect of your profession may require further attention: your visibility to potential clients. The adage "out of sight, out of mind" couldn't be more accurate in the realm of mediation services, and therefore, cultivating visibility is just as critical as honing your mediation skills.

Understanding and implementing a strategy for visibility can be the difference between a thriving mediation practice and one that falls short of potential. Here are several strategies to enhance your visibility and resonate with your potential clients:

1. Personal Branding:

Creating a personal brand is about more than just having a logo or a catchy name. It is about crafting an image that reflects your unique selling points. Consider what sets you apart from other mediators – it could be your specialized knowledge, your methodology, or your success rate. Ensure that your personal brand encapsulates your strengths and resonates with your potential clients.

2. Thought Leadership:

Establishing yourself as a thought leader in your field can significantly increase your visibility. You can achieve this by writing articles, blogs, and op-eds on topical issues related to mediation. Additionally, offering to speak at conferences or conducting workshops can also showcase your knowledge and attract potential clients.

3. Networking:

Actively participating in networking events can expose you to potential clients and build connections with influencers in your field. Don't underestimate the power of face-to-face conversations to create memorable impressions and foster relationships.  And if it’s within your budget … think about sponsoring the networking event or some portion of the event.

4. Social Media Presence:

In the digital age, maintaining a robust social media presence is indispensable. LinkedIn, Facebook, and Twitter provide platforms for you to share your insights, promote your brand, and engage with your audience. Regularly updating your profiles and posting relevant content can elevate your visibility among potential clients.

5. Client Testimonials:

Positive testimonials from satisfied clients are one of the best ways to enhance your reputation and visibility. These testimonials lend credibility to your services and can be featured on your website or social media platforms.

6. Collaborations and Partnerships:

Partnering with other professionals or organizations can widen your reach. These partnerships can lead to referral opportunities, joint marketing efforts, or cooperative events, all of which can enhance your visibility.  An example of this is taking a position of leadership within your target market’s associaitons and organizations.  Getting your name out to potential clients through the associations media, reminding your target market of your specific practice specialty and devotion to the resolution of their unique cases.

7. SEO Optimized Website:

Having a well-designed and SEO optimized website can increase your online visibility. Ensure your website is user-friendly, contains relevant information about your services, and uses strategic keywords that potential clients may use in their online searches.

Remember, visibility doesn't happen overnight. It takes consistent effort and strategic planning. Be patient and persistent in your visibility efforts, and over time, you'll find your reputation and client base growing. Embrace the necessity of visibility just as you have embraced the art of mediation, and you'll see a positive impact on your practice.

Visibility is not just an option for mediators, it's a necessity. By enhancing your visibility, you can unlock new prospects and opportunities, such as media interviews, speaking invitations, writing articles, and leadership roles. These can augment your reputation and authority, essential elements for mediators who rely on the trust and confidence of their clients.

Avoidance of these opportunities is often due to perfectionism, a lack of preparedness, or a hectic schedule. Yet these are mere hindrances. We'll never feel completely ready or comfortable with these endeavors. Still, action always surpasses inaction.

When you push yourself beyond your comfort zone, you enhance your skills and abilities. Thus, make the commitment to make yourself known today. Your proficiency as a mediator is irrelevant if you're invisible in the market.

Just like many others, I, too, grapple with this. It's not an easy task to maintain high visibility, but I've come to realize its indispensability for my career.

So, what measures will you take today to fortify your brand and your practice as a mediator? Get in touch with me for assistance in formulating your visibility and marketing strategy. Remember, visibility is a vital component for mediators to ensure their services are sought after and recognized

5 Questions to Ask Before Promoting Your Mediation Services

When it comes to marketing mediation services, strategic planning is essential. Whether you're laying out your overall marketing strategy or crafting a plan to grow your presence on social media, taking the time to plan before you begin is crucial.

Here, we’ll apply this concept specifically to promoting your mediation services. Below are five key questions you should answer before launching any new marketing campaign. Consider this your checklist to ensure your efforts are successful.

1. Who Are Your Mediation Services Intended For? Identify your target market. Who specifically needs mediation services? Is your target market for these services attorneys who represent clients in a conflict, or unrepresented parties. Create a detailed profile of your ideal client. Consider their age, occupation, conflict type (e.g., family, business, community), and any other relevant characteristics that could influence your marketing strategy.

2. What Are the Specific Benefits of Your Mediation Services? Clearly articulate the key benefits of your mediation services. Remember, benefits differ from features. Features explain what you do; benefits explain why it matters to your clients. For instance, a mediator might facilitate negotiations or draft agreements, but the real benefit is resolving conflicts efficiently and preserving relationships. Highlight how your services lead to reduced stress, cost savings, or faster resolutions, as these are the benefits that resonate most with your target market.

3. What Differentiates Your Mediation Services from Others? Determine what sets your mediation services apart. Is there something unique about your approach? Perhaps it’s your extensive experience, a particular specialization, or your success rate. Why should clients choose you over a competitor? It’s essential to communicate what makes your services superior. If your target audience values expertise over cost, for example, emphasize your qualifications and track record instead of focusing on price.

4. What Are the Best Channels to Reach Your Target Audience? Identify the most effective channels to reach your audience. Where does your target market spend their time? Would they respond better to online content, professional networks, or community workshops? Consider a mix of channels—such as LinkedIn, or networking face to face, writing articles, or giving trainings or presentations for local community outreach—to ensure your message reaches the right people. Don't hesitate to explore creative and unconventional channels that might capture your audience's attention.

5. How Can You Motivate Your Audience to Seek Mediation Now? Encourage immediate action. It's not enough to generate interest; you need to motivate potential clients to contact you now. Whether through a free initial consultation, or by emphasizing the benefits of early mediation, create a sense of urgency. Remind your audience that unresolved conflicts can escalate, leading to greater costs—both financial and emotional—if not addressed promptly.

By taking the time to address these questions before launching your campaign, you set yourself up for success. Without this preparation, you may find yourself asking, “What went wrong?” after it's too late.

Are You Marketing Features… or Benefits Of Your Mediation Services?

When promoting your mediation services, it's crucial to ask yourself: are you focusing on features or benefits?

Features are the specific qualities or characteristics of your services. For example, as a mediator, features might include your certification credentials, years of experience, or the number of successful mediations you’ve conducted.

But, benefits emphasize the positive outcomes your clients will experience by using your services. Instead of just listing your qualifications, highlight how these will directly benefit your clients. For instance, if you have unrepresented parties, benefits of mediation might include saving money, reducing stress through a more amicable process, confidentiality, and achieving quicker resolutions to disputes.

Why Benefits Matter More

Consider your audience’s perspective. Potential clients are primarily interested in how your services will improve their situation. They care less about your certifications and more about how you can help them resolve their conflicts efficiently and peacefully.

Shifting Your Marketing Focus

The saying goes, "Don’t focus on the paintbrush. Focus on the masterpiece your customer can create with it." For mediators, this means emphasizing the positive changes your services will bring to your clients’ lives and businesses.

Evaluate Your Message

Take a moment to review your marketing materials. Are you listing your features like a resume, or are you showcasing the tangible benefits your clients will experience? Shifting your focus to benefits can make your services more attractive to potential clients.

By highlighting the real-life advantages of using your mediation services, you’ll connect more effectively with your audience and demonstrate the true value of what you offer. Happy mediating!

Why Sales Funnels Suck And What Mediators Should Do Instead

In an average week I get 5 messages from someone offering to set up a sales funnel for me that promises to get me 10x the number of clients.  Do you get these too?  Every time I get one of these messages, I think about those words – sales funnel.  I also think about how the person who sent me their message has no idea what makes our industry tick.   I avoid companies that want to put me into a sales funnel the same way I avoid mimes on the streets of Paris.  I don’t like being manipulated and entering into a company’s sales funnel leaves me feeling manipulated.

Sales funnels are for selling products.  So you if you’re selling a ADR training or books, then by all means, proceed.  But sales funnels are NOT for selling our neutral services.  And here’s why. 

They're impersonal and wrong for building relationships with clients hiring us as mediators and arbitrators.

I think sales funnels fall short when it comes to fostering genuine, meaningful relationships with prospective clients. We know that the primary reason we get hired is because a client trusts us with their case.

So, let’s cover the reasons why sales funnels are impersonal and why they may not be the best approach for building the relationships that lead to more business for you.

Lack of Personalization

Sales funnels are typically designed to be one-size-fits-all, with the same automated messages and content being delivered to every potential client. This lack of personalization can leave your contacts feeling like just another number in a database, rather than individuals with unique needs and preferences. Building relationships requires understanding and addressing each client’s specific pain points and interests, which is something sales funnels struggle to achieve.

Limited Engagement Opportunities

Sales funnels are inherently focused on driving potential clients towards a specific goal, often a purchase. While this is undoubtedly essential for a business's bottom line, it can lead to a narrow focus that neglects other critical aspects of relationship-building. When the primary goal is to close a sale, there is less room for authentic engagement and nurturing long-term relationships.

Impersonal Automation

Automation plays a significant role in sales funnels, but it can lead to a lack of genuine human interaction. Our clients are human.  And most humans appreciate and respond positively to personalized, human touchpoints. Automated email sequences and chatbots can never replace the warmth and empathy that come from real human connections. Relying solely on automation can make people feel like they are dealing with a machine rather than a caring, empathetic, professional neutral.

Short-Term Focus

Sales funnels tend to emphasize short-term results, prioritizing immediate conversions over long-term customer loyalty. While closing sales is undoubtedly crucial, building lasting relationships involves a more extended perspective. We should be willing to invest time and resources in nurturing relationships that may not pay off immediately but could lead to customer loyalty and advocacy in the long run.

Failure to Address Customer Needs

Sales funnels often center on pushing customers through a predefined set of steps, which may not align with their individual needs or preferences. This can lead to frustration and a sense of being pushed into a decision rather than making an informed choice. Building relationships requires actively listening to clients, addressing their concerns, and tailoring solutions to meet their unique requirements.

Risk of Alienation

Over-reliance on sales funnels can risk alienating customers who value a more organic and authentic approach. Some customers may perceive the funnel as manipulative or pushy, which can erode trust and damage the potential for a genuine, long-lasting relationship.

While sales funnels can be effective tools for driving conversions and revenue, they are not well-suited for building authentic, meaningful relationships with customers. The impersonal nature of sales funnels, their lack of personalization, and their short-term focus can hinder the development of trust and loyalty. To truly build lasting connections with customers, businesses should consider incorporating more personalized, human-centric approaches that prioritize understanding, empathy, and genuine engagement. Building relationships is a long-term endeavor, and while sales funnels have their place in marketing, they should not be the sole strategy for nurturing customer relationships.

So if sales funnels are the wrong way to market your practice, what’s the right way? 

Crafting a Trust-Building Marketing Strategy: The Path to Meaningful Relationships

Building trust and meaningful relationships with potential clients is critical. For us, a well-crafted marketing strategy that focuses on nurturing trust can lead to loyal customers who not only make repeat purchases but also become our practice advocates. So instead of a sales funnel, design a marketing strategy that fosters both trust and genuine relationships with your audience.

Understand Your Audience

The foundation of any trust-building marketing strategy is a deep understanding of your target audience. These are your people.  You know who they are.  You can identify their needs, pain points, and desires. What challenges do they face? What solutions are they seeking? By empathizing with your audience, you can tailor your messaging and offerings to resonate with them on a personal level.

Authentic Brand Storytelling

One of the most powerful ways to build trust is through authentic brand storytelling. Share your practice’s journey, values, and mission with transparency. You might consider highlighting your successes and setbacks – your experiences.  When clients can relate to your story, they are more likely to trust your brand. Authenticity in storytelling humanizes your practice, making it easier for potential clients to connect with you and repeat clients coming back time after time.

Consistent and Transparent Communication

Consistency is key to building trust. Ensure that your brand's messaging and tone remain consistent across all touchpoints, including your website, social media, emails, and customer support. Be transparent about your services, pricing, and policies.  

Content Marketing with Value

Provide valuable content that addresses your audience's questions and concerns. Offer informative blog posts, videos, infographics, and guides that demonstrate your expertise. By freely sharing knowledge, you position your brand as a trusted resource. Encourage two-way communication by inviting feedback and comments from your audience.

Personalization and Segmentation

Personalization is a powerful tool for building relationships. If you have more than one target market, segment your audience based on their preferences, behaviors, and demographics. Tailor your marketing communication to address each group’s unique needs and interests. Flipping an old cliché is important here.  It’s not just business – it’s also personal.

Exceptional Customer Service

Exceptional customer service is a cornerstone of trust-building. Respond promptly to inquiries and resolve issues with empathy and professionalism. Go above and beyond to exceed customer expectations. Happy customers are more likely to become loyal advocates and refer others to your brand.  If this isn’t your strong suit, you need to hire a case manager.  I always recommend Case Manager Services. 

Community Engagement

Create a sense of community around your brand. Engage with your audience on social media, forums, and online groups related to your industry. Hosting webinars, Q&A sessions, or live events can further foster a sense of belonging. A strong brand community encourages customer loyalty and word-of-mouth marketing.  Be involved in a real way.  Engagement is key.

Networking

There’s nothing that beats face to face or even online networking.  Networking is the powerhouse of any strategic plan to build your practice.  Meeting your prospective clients and letting them meet you is absolutely necessary.  Show them that you have the right personality for the people in their cases and the subject matter knowledge to participate intelligently in conversation about the merits of their cases.

Having meaningful conversations, and proving through repeated interactions that you are the right person to hear their case – that’s where the goldmine is.

A marketing strategy designed to build trust and professional relationships is an investment that can yield long-term benefits for your practice. By understanding your audience, sharing authentic stories, providing valuable content, and offering exceptional customer experiences, you can create a strong foundation of trust. In an era where customers seek meaningful connections with brands, your commitment to building trust will set you apart and pave the way for enduring relationships that drive business growth.

A Deeper Dive into SEO for Mediators

Search Engine Optimization (SEO) is crucial for any business in today's digital age, and the mediation profession is no exception. So, let’s delve deeper into the intricacies of SEO, discussing key elements like keyword research, optimizing your website structure, and creating quality content.

Now more than ever a strong online presence is essential for the success of any business, including mediation practices. Search Engine Optimization (SEO) plays a crucial role in ensuring that your mediation services are discoverable and visible to potential clients when they search for relevant keywords or phrases.

Let’s start with keyword research: Keyword research is the foundation of effective SEO. It involves identifying the keywords and phrases that your potential clients are using when searching for your mediation services. You can do some thorough research using keyword research tools, such as Google Keyword Planner, to identify relevant and high-demand keywords in your niche. Consider both broad keywords (e.g., "mediation services") and long-tail keywords (e.g., "family mediation services in [your city]"). By incorporating these keywords strategically throughout your website content, you increase the likelihood of appearing in relevant search results.  Be careful though that you integrate your keywords in a natural way, and aren’t just keyword-stuffing your web content.

Optimizing website structure: A well-optimized website structure is vital for both search engines and user experience. Ensure that your website is structured in a logical and organized manner, with clear navigation menus and properly labeled sections. Create separate pages for each type of mediation service you offer, allowing search engines to understand the specific areas in which you specialize. Optimize your URLs, page titles, and meta descriptions with relevant keywords to improve your website's visibility in search results.

Creating quality content: Content is king when it comes to SEO. Develop high-quality, informative, and engaging content that addresses the needs and concerns of your target audience. Incorporate relevant keywords naturally within your content, including headings, subheadings, and body text. Write blog posts, articles, or resource pages that provide valuable insights and solutions to common mediation issues. Consider creating content around frequently asked questions, case studies, or success stories to demonstrate your expertise and build credibility.

Building backlinks: Backlinks, or incoming links from other websites to yours, play an important role in SEO. These links tell search engines that your website is reputable and trustworthy. Focus on building quality backlinks from reputable sources within your target market niche, legal directories, or related professional associations. And, think about guest blogging opportunities or collaborate with other professionals to create content that includes links back to your website. Foster relationships within your target market community to gain recognition and secure backlinks.

Local SEO: If you’re a mediator operating in a specific geographic area, local SEO is important. Optimize your website for local search by including your location in page titles, headings, and content. Create and optimize your Google My Business profile, ensuring accurate and consistent information about your practice, such as address, phone number, and business hours.

Mobile optimization: With the majority of internet searches now happening on mobile devices, optimizing your website for mobile access ease is fundamental. Make sure that your website is mobile-friendly, with a design that adapts to different screen sizes. Mobile optimization improves user experience and contributes to your search engine rankings.

Monitoring and analytics: You can use tools like Google Analytics and Google Search Console to monitor your website's performance, track keyword rankings, and gain insights into visitor’s behaviors. And then you can analyze the data to identify areas for improvement, track the effectiveness of your SEO efforts, and then adjust your strategy accordingly.

Staying updated: SEO best practices are constantly evolving, as search engine algorithms change and user behavior shifts. Stay informed about the latest SEO trends, algorithm updates, and industry news by following reputable SEO resources, forums, podcasts, or YouTube channels. Take what you learn and adapt your SEO strategy as needed to make sure that your mediation practice stays visible in search engine results.

By putting these SEO strategies to work, you can enhance your online visibility, attract organic traffic to your website, and position your mediation practice as a trusted authority in the field. Remember that SEO is a long-term endeavor and it requires consistent effort and adaptation. By optimizing your website, creating valuable content, building backlinks, and staying informed about SEO best practices, you can maximize your online presence and reach potential clients seeking mediation services. 

Thanks for reading.  If you have a topic that you’d like me to cover in upcoming episodes, just let me know and I’ll make a video for

Words That Make A Mediator’s Heart Sink

" I didn’t know you did that"

That’s a line often heard by mediators and arbitrators, usually from clients or prospective who are pleasantly surprised to discover the breadth of services they offer. But here’s the kicker: while it can lead to more business, hearing “I didn’t know you did that” is like watching potential clients slip through your fingers.  Six words that are heartbreaking.  It means that your marketing messages aren’t clear. 

It means your clients and referral sources aren’t fully aware of the range of ways you can help them. And for every person who stumbles upon your services, how many others are taking their business elsewhere simply because they didn’t know you could assist?

Failing to enlighten your clients and referral sources about your full range of mediation and arbitration services is like leaving money on the table.

But fear not! Here are some down-to-earth steps to ensure everyone knows just how much you bring to the table:

A Clear Brand Identity: Don’t blend into the crowd. Stand out as the go-to mediator or arbitrator in your niche. Whether it’s divorce mediation, employment arbitration, or commercial mediation, let people know you’re the expert they need.

Regular E-Newsletter: Drop a friendly email newsletter that not only shares valuable content but also highlights the different ways you can lend a hand. Stick a prominent reminder in there about your mediation and arbitration services. Let’s keep it fresh and engaging!

For example: Share a story about a successful mediation where you helped two feuding neighbors reach a compromise (changing the details of course so that you don’t violate confidentiality), and don’t forget to mention that you’re ready to help others find common ground too.

Social Media Savvy: Stay active on social media platforms, but don’t just blast out repetitive lists of your services. Engage your audience with interesting content related to mediation and arbitration. Show them why you’re the one they should turn to when conflicts arise.

Follow-up Phone Call: After wrapping up a mediation or arbitration gig, why not give your client a buzz? Thank them for their trust and remind them of your other services. It’s like a friendly reminder: "Hey, remember me? I’m here for more than just that case we wrapped up."

Clearly Communicate on Your Website: Make sure your website is crystal clear about what you offer. If you have unrepresented clients, (note: avoid confusing legal jargon). Speak their language and make it easy for potential clients to see how you can help them resolve disputes.

Consistency is Key: In a world filled with noise, you’ve got to keep showing up. Stay active on social media, keep that newsletter rolling, and network like a pro. If you’re not moving forward, you’re falling behind.

So, next time someone says, “I didn’t know you did that” take note and make the necessary changes to your marketing messages and never hear those nasty little six words.  Because now, you’ll know exactly how you can communicate to help your clients find the right processes and solutions.

The Perseverance Paradox: Why You Should Never Give Up on Marketing Your Mediation Practice, No Matter the Results

In the fast-paced world of business, it's easy to get discouraged when your marketing efforts don't yield immediate, stellar results. It's tempting to throw in the towel and consider cutting back on marketing expenditures and efforts. However, that could be a costly mistake. Here's why it's crucial to never give up on marketing, regardless of the initial outcomes.

Building Brand Awareness Takes Time: Marketing your practice isn't just about getting a new client today; it's about creating a lasting presence in the minds of your potential clients. Consistent marketing efforts, even if they don't lead to an immediate influx of customers, help build brand awareness. Over time, people will start recognizing your name and associating it with your practice. When they're ready to make a purchase, your brand will be the one they think of first.

Your Brand awareness is the extent to which clients and prospective clients are familiar with the distinctive qualities or image of your practice and its services. Find the mediums your prospective clients prefer and communicate your brand message regularly and persistently.

“…branding is your fundamental  promise of whom you serve, how you make them feel and what’s different about how you deliver. Marketing is how you get this message out there once you have defined it” TWIST: How Fresh Perspectives Build Breakthrough Brands by Julie Cottineau

Fostering Trust and Credibility: Trust is a precious commodity in any business, but that’s especially true for attorneys, mediators, and arbitrators.  Consistent marketing demonstrates your commitment to your audience and your industry. Even if your initial marketing efforts don't bring in hordes of clients, they do show that you're here to stay. Trust is built over time, and maintaining your marketing efforts is a way to signal your reliability.

Trust is the cornerstone of business.  It’s the basis of every human relationship, every interaction, every communication, every initiative, every work project and even any strategic imperative you need to accomplish.  The best way to build trust with prospective clients is build relationships.  This why networking is so key to building a practice.

“Trust isn’t what we do; it is what results from what we do.”  Richard Fagerlin

Adapting and Learning: Marketing is not a one-size-fits-all endeavor. When you persist in your marketing efforts, you give yourself the opportunity to learn from what works and what doesn't. Every practice development activity provides valuable data and insights. By continually refining your strategies based on these insights, you can gradually improve your marketing ROI (Return on Investment).

Read business and marketing books, listen to business and marketing podcasts, watch business and marketing videos, take business and marketing courses – never stop learning, adapting, and listening to what your clients and prospective clients need from you.

“One learns from books and example only that certain things can be done. Actual learning requires that you do those things.” — Frank Herbert

Staying Ahead of the Competition: In the resolution industries, your competitors are also investing in marketing. If you decide to scale back or stop altogether, you risk falling behind. Consistent marketing helps you maintain a competitive edge. When others reduce their efforts, your brand remains visible, potentially allowing you to capture a larger market share.

Do a quick competitor analysis.  A quick search on LinkedIn or Google will let you see your actual or perceived competition.  You’ll be able to see their branding, their marketing messages, their target markets, their geographical markers, their pricing, and their market position.  Take notes, then capitalize on what makes your practice different and better.

“Do not overestimate the competition and underestimate yourself. You are better than you think.”

— Tim Ferriss

Embracing the Long Game: Marketing is not a sprint; it's a marathon. Sometimes, it takes time for your efforts to bear fruit. By committing to the long game and persisting through initial challenges, you position yourself for success in the future. Patience and perseverance are often rewarded in the world of marketing.

Create a year-at-a-glance calendar on a spreadsheet and note what and when you’ll be creating and delivery on all your marketing tasks.  Your spreadsheet should include attending events for networking, posting on social media, speaking publicly, releasing articles, offering trainings, updating  your website, sending email campaigns, recording videos or podcasts, etc.  This will be your map.  Once you’ve got the big picture, you can start creating the task lists for each event. 

Patience and persistence are the keys... The keys to unlock doors of success... With these two virtues, you grow in reasoning and experience. ~ Ogwo David Emenike

Adapting to Changing Markets: Industries evolve, consumer behaviors change, and new trends emerge.  Some examples are the necessary adoption of online mediation and arbitration, the use of podcasts and video, and the expectation of our clients to be present on social media. If you give up on marketing, you risk missing out on these shifts and opportunities. Consistent marketing allows you to adapt to changing market conditions and capitalize on new avenues for growth.

“I can't change the direction of the wind, but I can adjust my sails to always reach my destination.” -Jimmy Dean

Marketing your practice is a journey filled with twists and turns. While it's natural to feel discouraged by slow or seemingly lackluster results, giving up on marketing prematurely can be detrimental to your business. By persevering through challenges, you can build brand awareness, foster trust, adapt and learn, stay ahead of the competition, and position yourself for long-term success. So, keep those marketing efforts alive and remember that sometimes the greatest rewards come to those who stay the course.  And very importantly, once you’ve attained marketing success – don’t stop there.  Keep going.  If you stop your practice development activities assuming that ‘you’ve made it’, you’ll soon see a drop in cases.  Don’t stop at success.  Keep going.  Keep going.  Keep going.

How to Create Engaging FAQ Videos for Your Mediation or Arbitration Practice

Videos are an excellent way to connect with both current clients and potential clients in the mediation and arbitration field. According to recent studies, people spend nearly one-third of their time online watching videos. Moreover, over half a billion people watch videos on platforms like Facebook every day. For mediators and arbitrators, FAQ videos are particularly powerful because they address the specific questions and concerns that clients and leads typically have. By directly answering these questions, you build trust and demonstrate your expertise.

So, how can you create effective FAQ videos that resonate with your audience and help convert leads into clients? Here’s a simple guide tailored specifically for professionals in mediation and arbitration.

Option 1: Hire a Professional Crew

You could choose to outsource the entire process by hiring a professional film crew. They can handle everything from setting up the lighting to shooting and editing the footage. This is a great option if you prefer a polished, high-quality video. Many mediation and arbitration professionals opt for this approach to ensure their videos reflect the seriousness and professionalism of their practice.

However, this level of production is not necessary for success. Many clients appreciate a more personal, authentic approach, which brings us to the second option.

Option 2: DIY – Create Your Own FAQ Videos in Three Simple Steps

If you’d rather create the videos yourself, you can do so easily with just a few basic tools and a bit of preparation. Here’s how:

1. Gather Your Equipment

For equipment, all you really need is your smartphone. Today’s smartphones have excellent video capabilities, and a simple, authentic video can go a long way in building rapport with your audience. The informal nature of a selfie video, even with its occasional imperfections, can make you appear more approachable and genuine—qualities that are incredibly important in mediation and arbitration.

However, if you want to take it up a notch, consider purchasing a smartphone tripod and a clip-on microphone. These inexpensive tools can improve the stability and sound quality of your videos, giving them a slightly more professional touch without losing that personal feel.

2. Press ‘Record’

It’s as simple as pressing record! Before you start, think of one or two common questions your clients ask. For example, “What should I expect during my first mediation session?” or “How does arbitration differ from going to court?”

We recommend speaking off-the-cuff rather than scripting your answers. Scripting can make you seem stiff and less relatable. Instead, imagine that a potential client has just asked you the question, and respond naturally, as you would in a face-to-face conversation. Don’t worry about making mistakes or having to do multiple takes—these videos should feel real and down-to-earth. Aim for videos that are 30 seconds to two minutes long.

3. Edit (or Don’t)

Once you’ve finished filming, you can upload the video directly to your website, YouTube channel, or social media platforms. There’s no need to edit the video unless you really want to. If you do feel like adding some graphics or text overlays, you can use a free video editing app like iMovie (for Apple users) or InShot (for both Android and Apple users).

Remember, the simplicity of your video is often what makes it effective. The goal is to connect with your audience and answer their questions in a way that builds trust and demonstrates your expertise.

Examples of FAQ Topics for Mediators and Arbitrators:

• Mediation FAQ Video Topics:

• “How do I prepare for my first mediation session?”

• “What happens if we can’t reach an agreement during mediation?”

• “How long does a typical mediation session last?”

• “Is mediation confidential?”

• Arbitration FAQ Video Topics:

• “What is the role of an arbitrator?”

• “How is arbitration different from a court trial?”

• “What should I bring to an arbitration hearing?”

• “Can arbitration decisions be appealed?”

Conclusion: Keep It Simple and Authentic

Whether you choose to film these videos yourself or hire a professional team, the key to successful FAQ videos is authenticity. Your clients want to see the real you—someone who is knowledgeable, approachable, and ready to help them through their mediation or arbitration process.

If this sounds overwhelming, remember that help is available. Should you prefer a more polished, professional video, consider reaching out to a service provider who can handle the filming and editing for you. In just a few hours, you can create a suite of FAQ videos that will serve your clients and grow your practice for years to come.

How the Right Content Strategy Can Help You Raise Your Rates as a Mediator or Arbitrator

Are you finding it difficult to charge what your expertise deserves? Raising your rates can be challenging, especially in uncertain economic times. As mediators and arbitrators, you might feel hesitant to increase your fees, worrying that it could be seen as insensitive or that it might drive potential clients away. However, it's important to recognize that you deserve fair compensation for your valuable work. Ensuring that you can charge a reasonable rate is not only essential for your livelihood but also for the long-term sustainability of your practice.

So, how can you confidently raise your rates? The answer lies in leveraging a strong content strategy. Content is a powerful tool that can influence many aspects of your practice, including your pricing. By positioning yourself as an expert and thought leader in mediation or arbitration through high-quality content, you can justify higher rates and attract clients who value your expertise. 

And of course, before your raise your rates, it’s always a good idea to little pricing analysis of mediators and arbitrators in your geographical area and or your area of expertise.  The market research will give you a good idea of the market rates so that you can feel comfortable with the raise you give yourself.

The Power of Content in Building Your Reputation

When it comes to setting your rates, perception plays a crucial role. If you are seen as an expert in your field, clients are more likely to trust your services and be willing to pay a premium for them. Content is a key factor in shaping this perception. By consistently producing educational and relevant content, you position yourself as the go-to professional in your area of mediation or arbitration.

Consider this: When potential clients find answers to their questions on your blog, website, or social media, they begin to see you as a trusted authority. For example, if your blog regularly addresses topics like "How to Prepare for a Successful Mediation" or "The Key Differences Between Mediation and Arbitration," potential clients will appreciate the insights you provide and will be more inclined to hire you when they need these services.

Creating the Right Kind of Content

The content you create doesn’t need to be overly complex or in-depth to be effective. Remember, your audience is likely not familiar with the intricacies of mediation or arbitration—they’re looking for clear, concise, and useful information. Focus on addressing the common questions and concerns your clients have.

Example Content Topics:

• Blog Post: “5 Essential Tips for Preparing for Mediation”

• Video: “What to Expect During an Arbitration Hearing”

• Social Media Post: “Mediation vs. Arbitration: Which is Right for You?”

• Podcast Episode: “The Benefits of Mediation in Family Disputes”

By focusing on practical, client-oriented content, you build your reputation as a knowledgeable and approachable expert. This increased visibility and credibility will make it easier for you to raise your rates, as clients will see the value in your services and be more willing to pay for your expertise.

How Content Can Lead to Higher Demand (and Higher Rates)

I’ve seen firsthand how a well-crafted content strategy can lead to an increase in client demand. Mediators and arbitrators who consistently share valuable content report that new clients come to their consultations more prepared and more excited to work with them. These clients have often engaged with the professional’s content online and already see them as the best choice for their dispute resolution needs.

As your content draws more clients to your practice, your services will naturally become more in demand. And as we all know, higher demand often justifies higher prices. When clients perceive you as a top expert in your field, they expect your rates to reflect that level of expertise.

Implementing a Rate Increase Strategy

When you're ready to raise your rates, consider implementing an annual or semiannual rate increase. This approach not only keeps your fees in line with market trends but also motivates you to continue producing high-quality content and delivering excellent service.

Regularly scheduled rate increases give you the confidence that your pricing reflects the value you provide. Moreover, as you continue to share targeted, high-quality content, your clients and prospects will be less likely to resist the increase. In fact, they may even see it as a sign of your continued growth and success as a mediator or arbitrator.

The Synergy Between Content and Pricing

Raising your rates and maintaining a strong content strategy go hand in hand. As you increase your rates, your content continues to reinforce your reputation as a top-tier professional. Clients often expect that the best mediators and arbitrators will charge more for their services, and they may even become wary if your rates seem too low for the level of expertise you offer.

We’ve seen solo mediators and small arbitration practices successfully charge rates across a wide spectrum, from modest fees to premium prices. You don’t need to be at the top of that spectrum to succeed, but you should charge rates that reflect your experience and the quality of service you provide. Don’t undersell yourself or be swayed by the notion that only large firms can charge higher fees. With the right content strategy, you can command the rates you deserve.

Invest in Your Content, Invest in Your Practice

The right content strategy is not just about marketing—it’s about building your brand, enhancing your reputation, and positioning yourself to charge rates that reflect your true worth. By consistently producing valuable content that educates and engages your audience, you can elevate your practice and confidently raise your rates.

If you’re ready to develop a content strategy that supports your goals and helps you grow your mediation or arbitration practice, we’re here to help. Contact us today to learn more about how we can work together to build the perfect content strategy for your needs.

3 Reasons Why Repetition Makes Your Content Stronger in Mediation and Arbitration

One of the most common concerns we hear from mediators and arbitrators is the fear that their content might be becoming repetitive, boring, or monotonous. You might wonder if it’s okay that a blog post about the benefits of mediation has been shared multiple times on your website, or if the same video explaining the arbitration process has appeared repeatedly on your LinkedIn page. It’s natural to worry, “Won’t my audience get bored?”

 If you share these concerns, they’re understandable, but here’s the reality: Rather than boring your audience, repetitive content is actually essential to engaging them! Repetition is a proven digital marketing strategy that can help your practice succeed, attract more clients, and keep your mediation or arbitration services top of mind. Here are three reasons why “boring” might just be the smartest move you can make.

1. Repetition Reinforces Your Message and Builds Your Brand

Consider the consistency of a well-known brand like Nike. Every Nike commercial ends the same way: the screen fades to black, followed by the words “Just Do It” and the iconic swoosh. This repetition reinforces their empowering message and solidifies their brand in your mind.

 As a mediator or arbitrator, you can achieve a similar effect by regularly sharing content that highlights your areas of expertise. For instance, if you specialize in family mediation, consistently posting blogs, videos, and social media updates about the importance of mediation in divorce cases can drive home the value of your services. By repeating these key messages, you help potential clients understand exactly what you do and why they should choose you.

 Example Topics:

•  “Why Mediation Is the Best Option for Resolving Family Disputes”

• “How Arbitration Can Save Time and Money in Business Disputes”

• “The Role of a Mediator in High-Conflict Divorce Cases”

2. Repetition Ensures You Reach Your Entire Audience

A seasoned journalist once said, “It’s only after we’ve written about a problem long enough to be sick of it that readers will finally realize it exists.” The same principle applies to your content. Not all of your audience members are checking your website or social media every day. What seems old or repetitive to you is often fresh and new to them.

 For example, if you’ve posted a video explaining “The Benefits of Mediation Over Litigation,” it’s likely that only a fraction of your audience saw it the first time around. By sharing it again, you’re increasing the chances that more people will engage with it. In the world of mediation and arbitration, where potential clients might be exploring their options for the first time, repetitive content helps ensure they don’t miss out on important information.

 Example Repeated Content:

•  Sharing the same video on different platforms (e.g., LinkedIn, YouTube, and Facebook)

• Posting a blog article in different formats, such as an infographic or a podcast episode

• Sending out an email newsletter featuring previously shared content with a fresh introduction

3. Repetition Saves You Time and Money

Creating high-quality content is an investment, both in terms of time and resources. However, once you’ve created a piece of content, you don’t need to reinvent the wheel every time. By repurposing and repeating your existing content, you can maximize its impact with minimal additional effort.

For instance, a comprehensive guide you’ve written on “Preparing for Mediation” can be broken down into smaller blog posts, social media snippets, or even a series of videos. Each of these pieces will reinforce the same key points, but with a slightly different angle or format, reaching different segments of your audience without requiring a full-scale new content creation effort.

This approach not only keeps your marketing efforts consistent but also saves you from the expense of producing entirely new content for every single post. It’s an efficient way to maintain a steady flow of communication with your audience, ensuring that your mediation or arbitration practice stays top of mind.

 Example Content Repurposing:

•  Turn a webinar on “The Arbitration Process Explained” into a series of short blog posts

• Break down a case study into social media posts highlighting key takeaways

• Create a video series from a detailed article about “The Benefits of Mediation in Workplace Disputes”

Why “Boring” is Brilliant

There are more than just three reasons why repetition is key to a strong content strategy, especially for mediators and arbitrators. Repetition helps build your brand, ensures that your message reaches your entire audience, and maximizes the value of the content you’ve already created. If you’re still not convinced, give us a call today—we’d be happy to discuss how a repetitive yet strategic content approach can elevate your practice and help you connect with more clients.