So, You Want to Be a Mediator: How to Start a Mediation Practice
Fri, Apr 18th, 2025 | by Miles Mediation and Arbitration | Article | Social Share
I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I graduated from law school.
When I was a summer clerk at a law firm, I attended a sexual harassment mediation with one of the partners. The whole process fascinated me. I then took a mediation course in law school from an adjunct professor who would go on to be a trusted mentor. I scored the highest grade in the class and later went to work at the law firm where my mediation professor was a partner. Even as a young associate, I knew I wanted to eventually work my way into a mediation practice. If you are a lawyer and like-minded, here are a few tips.
First of all, you have to be an excellent lawyer. People don’t become successful mediators if they have a reputation of being lazy or mediocre lawyers.
Second, find a way to get in a courtroom. I developed a full-time mediation practice much earlier than I expected. I think part of the reason is that I spent much of my career in a small firm that allowed me to get to court more often than many of my peers. This allowed me to build credibility with more senior lawyers who would eventually hire me to mediate their cases.
Third, don’t be a jackass. This probably more important than anything else when first breaking in as a mediator. Your opposing counsel and co-counsel are your future mediation clients. Avoid discovery disputes if at all possible. Grant extensions to your opponent. Compliment your opponent when they write a good brief. Be gracious when you lose. Be humble when you win. I always wanted my opposing counsel to view me as a formidable adversary but not an enemy. Over the years, my co-counsel and adversaries became friends. And then they became my mediation clients.
Fourth, invest in good mediation training. I’ve said that a good mediator is a combination of hard work, talent, and good training. It’s important not to overlook the education component. The greatest trial lawyer in the world is worthless if she doesn’t know the rules of evidence. Mediators are no different. There are certain skills that must be learned, practiced, and then perfected. In other words, good training is crucial.
Mediation Training Providers
There are several excellent providers. If you want to go all in, you might consider an LL.M. in Dispute Resolution. The University of Missouri has the oldest such LL.M. program in the country. Founded by Professor Leonard Riskin, the Mizzou LL.M. has been a pioneer in dispute resolution education. It now even offers its their LL.M. program by distance education. (As an alum, however, I suppose I’m a bit biased.) Pepperdine University also offers an excellent LL.M. program in dispute resolution. It too offers an online option.
For a more traditional short-term program, there are three providers I most often recommend: The Straus Institute at Pepperdine University regularly offers a 40-hour course called “Mediating the Litigated Case,” which receives excellent reviews. The Program on Negotiation at Harvard also produces two well-respected multi-day mediation programs. “Mediating Disputes” is a five-day foundation class. The other, “The Harvard Negotiation Master Class,” is a three-day program for more advanced practitioners. The Harvard program was founded by Professor Roger Fisher, who co-authored the influential book Getting to Yes.
In Nashville, the Institute for Conflict Management at Lipscomb University hosts several well-received trainings annually. The Lipscomb program is held over the course of two weekends to accommodate the schedule of busy lawyers. Miles Mediation & Arbitration is also offering in-person mediation training, led by experienced mediator Joe Murphey, in 2025.
Transitioning into Mediation
In my view, mediators can maintain active law practices for a period while building a mediation practice. At some point, however, I think you must decide where you’re going to concentrate your efforts. A law firm is a great platform to grow a mediation practice because it provides some financial stability as you build your mediation book of business. I don’t think this is workable over the long haul.
I love to play tennis. I play every chance I get, but I’m essentially a weekend warrior. I have friends who play almost every day. They’re better than I am, and part of the reason is they spend more time on the tennis court than I do.
The same is true for mediators. Those who mediate a case almost every day are going to develop skills that folks who mediate a handful of cases per month just can’t develop. It’s not because full-time mediators are smarter or more talented. It’s just that mediating and litigating require two different skill sets. In my experience, it’s very difficult to switch back and forth between the two.
Another reason that I found it difficult to split time between being a mediator and a practicing lawyer simply relates to the nature of the legal profession. When you hire me to mediate a case, you’re paying for my full attention for the whole day. As a lawyer, I had clients who had urgent matters arise that required my immediate attention. If a mediation client was paying me to devote myself to them all day, and a litigation client had an urgent matter and needed me on an unexpected conference call at 1:30, I never found that I could balance those two obligations.
Starting Out as a Mediator
To gain experience as a new mediator, volunteer your time. There are numerous pro bono mediation programs. I think that’s where every mediator should start. First, it will give you a good sense of whether you will enjoy it. More than a few lawyers have thought they wanted to be a mediator, only to find out they didn’t enjoy it like they thought they would. Second, if you find you enjoy the role of a neutral, getting a few pro bono mediations under your belt will help you hone your skills and create a track record.
One of my first breaks as a mediator came as a result of pro bono program launched by the military. Guard and reservists were returning from Iraq and getting into disputes with their employers over whether they were entitled to re-employment under a federal law called the Uniform Services Employment and Reemployment Rights Act (USERRA). As a volunteer ombudsman, I served as a mediator in these disputes. I got some real-world experience, and the local newspaper ran a short article about my volunteer work. The publicity was nice, but the experienced also convinced me that I really was cut out for this work.
There are programs like this everywhere, and I think those are a great place for aspiring mediators to start. You might be surprised where a quick call to the local bar association or clerk of court will lead you.
Advice for Future Mediators
Finally, keep in mind that building a mediation practice is a marathon; it’s not a sprint. The only way to grow an ADR practice is to do it gradually. The good news is that being a mediator is a meritocracy. If you’re good at it, you’ll be successful. Your first few cases are the hardest ones to get. Once you get those, you’re on your way. If you do a good job, the lawyers who hired you will always come back, and they’ll bring different opposing counsel next time. Slowly . . . but surely . . . word will get around.
*Originally published in the Daily Report and reprinted with permission.
About Michael Russell
Michael Russell is widely regarded as one of the leading employment law and class action mediators in the United States. In addition, Michael frequently mediates complex business disputes and matters involving high-profile litigants. His first book, “Mediation Matters: Practical Negotiation Strategies from a Nationally Recognized Mediator,” was the #1 new release among ADR books on Amazon, and in 2024, he was one of only three mediators in Tennessee to receive a “Band 1” ranking, the highest ranking possible, by Chambers USA.