Career Profile: Mediator/Arbitrator

Two of your friends always seems to fighting about some trite issue, and you always seem to be called upon to patch things up between them. When a dispute arises at work, you instinctively jump in to smooth the situation. You feel that conflicts at home are best handled calmly, stating facts and feelings in an unobtrusive way, resulting in a compromise that everyone involved feels good about. You are an amateur mediator.

A professional mediator helps his clients to settle a dispute amicably instead of having a judge hear the case in a courtroom. According to the U.S. Department of Labor , a mediator (also arbitrator or conciliator) “facilitates negotiation and conflict resolution through dialogue [and] resolves conflicts outside of the court system by mutual consent of both parties.”(United States) The Princeton Review indicates that “ Lawyers, religious leaders, social workers, counselors, and educators are often called on to mediate. Judges and magistrates also play the role of mediator. Strong mediators have many possible professions open to them, including diplomats and politicians.”(Mediator) Mediation is a means to avoid litigation. Mediation allows parties to meet, voluntarily, to discuss and resolve issues outside of the claustrophobic walls of the judicial system. Final decisions are made solely by the parties involved and not a judge.

No official record of the meeting is made, and the discussions and results are not admissible if the issue goes to court. If the clients cannot agree on a resolution during mediation, the issue will be heard by a judge in court or dismissed by the parties. By removing courts and lawyers, however, parties are more likely to be happy with the outcome of their dispute and abide by the agreed terms. Generally, mediators are seen as trustworthy and neutral in contrast to their lawyer counterparts.

A mediator is an amalgam of psychologist, public speaker, accountant and lawyer. Understanding of social, cultural and religious practices and ethics are also important to being able to identify rooted issues in a conflict and mediate the negotiation processes most effectively. According to The Princeton Review, mediators often have bachelor degrees, plus experience, in one or more of the following disciplines: American history, American studies, counseling, ethics, history, human resources management, logic, occupational therapy, peace studies, philosophy, pre-law and/or public policy analysis. Most states do not require licensure or certification to practice mediation.(Mediator)

In the first two years of practice, The Princeton Review reports, a new mediator can expect to work on smaller, reputation-builder projects. In five years, handling larger disputes is not uncommon and international travel for work is possible. Ten years of practice affords a successful mediator opportunities to handle large corporate disputes and/or international peacekeeping missions. The mediation occupation “is expected to grow faster than average in the coming years.” (Mediator) Similarly, the U.S. Department of Labor reports a 10.6% increase of jobs available in this profession, projected for the 2006-2016 span.