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Know your mediation market
4 January 2007Many people who attend mediation training seminars come out as converts to this new and wonderful way of resolving conflict. It certainly can be magical and it can be messy and interesting too. Yet, most training seminars have little discussion of how the newly minted mediators (once they get much more training and experience), should go about building a business.
Before beginning any sort of business planning, a fundamental step is to identify the market you may be interested in working.
At this point in the development of the field of mediation there are three main overarching markets:
1) Litigated Cases. Laywers representing parties in litigation cases will seek out mediators to help them resolve difficult cases. In some jurisdictions with court annexed mediation programs, the judge will send the parties to mandatory mediation. Thus, marketing efforts must be directed to lawyers and in-house counsel.
2) Divorce and Family Mediation. Public awareness of divorce and family mediation has steadily grown over the last 25+ years. For mediators doing this type of work, more often than not they will be hired directly by the parties themselves. Thus, internet presence (and search engine optimization), internet advertising and listing in mediation directories can be very fruitful marketing devices to generate leads. Once the potential clients call you or email, you must then convert the lead into a paying client if appropriate. Marketing in this context, where you are hired directly by the party, can be more straight forward and passive.
Generating referral sources from therapists, clergy, CPAs and others who may come into contact with divorcing couples is also helpful.
3) Organizations and Institutions. The third area where mediators and conflict resolutionists are used is within organizations and institutions. The military and departments within the federal government, for example, have in house mediators who work within these institutions. Many large and even mid-sized organizations will bring in an ombuds or a mediator to help those within the organization resolve conflict and to maximize the growth of people and profits (a slogan of mine 
). Some industries have adapted to this approach sooner than others. Healthcare and education are examples of two industries that (often working within tight budgets) have taken advantage of the many benefits of mediation and conflict management services.
What an effective mediation marketing plan looks like will depend, in large part, upon which of these three markets you are going to target. Once you have an idea of which market segment you would like to focus on, you will still want to consider niches within the market (certain industries or litigation specialties for example) and also think in terms of a group to which you will direct your marketing (based on geography, demographics or other factors).
Once you are clear on these pieces, creating a plan that plays to your strengths and adds value to your chosen ideal clients is not that difficult.
What works for a divorce mediator marketing to the consuming public will most likely not work for a commercial mediator targeting high-end litigated cases and vice versa. For example, I have found networking to be very effective in the commercial mediation context. Yet, if I were a divorce mediator (which I am not) then with whom would I network? There are few places that divorcing couples congregate. Yes, you could network with potential referral sources (and probably should — referral sources noted above).
Bottom line: you must tailor your marketing to your market.
One of my mediation markets to focus on in 2007: Employment mediation in the litigated case context in the New York metropolitan area. I’ll share more specifics of my plan with you as I finalize it.
Happy marketing.
Kristina Haymes
p.s. there’s still a few sets of the success system left at fire sale prices
p.p.s. BOOK CLUB: mark your calendars, I will be hosting a live teleseminar with Ken Cloke on January 29, 2007, to discuss his new book, The Crossroads of Conflict. Pick up your copy at www.janispublications.com and join us.
Posted in Marketing Strategies, Practice Building Advice, BOOK CLUB
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