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Lawyers - so you think you can mediate?
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Litigators sick of the grind of engaging in legal warfare often take a 180 and consider working as a mediator. They think they can jump right into this work because of their extensive background and expertise in law. What these lawyers don’t realize, however, is that working as a neutral exercises an entirely different part of the brain—the one that’s focused on constructive relationship building, working neutrally, and expanding the pie—rather than attempting to slice off as big a piece as possible for a client.
Lawyers are simply not magically equipped to work as mediators simply because they have dealt with conflict throughout their professional lives. In fact, it seems quite the opposite, as their circuits need to be re-wired to think like a problem-solver rather than a fighter.
It’s worrisome, then, that the requisite mediation training sessions are so short. Is a 40-hour training really good enough to teach the skills that mediators need to be effective? Is this an adequate amount of time to transform a former lawyer’s framework from zealous advocate and litigator into neutral peacemaker? Lawyers (and certainly other professionals-turned-mediators) should consider expanding their training beyond the required minimums, as they simply seem insufficient to teach the nuanced and complex issues that mediators face every day in their mediation sessions. Conferences, further trainings, and a number of practical mediation guides can provide great assistance and learning opportunities for new mediators. Even better: make a lawyer-turned-mediator friend, grab a cup of coffee and pick their brain about the transition, as they know first hand what kind of mind warp it is.
