The Top 5 Things I Wish I Had Known About Going from Litigation to Mediation
Susan Guthrie
Chair, ABA Section of Dispute Resolution | Attorney & Mediator | AI & LegalTech Specialist | Practice Building Consultant | Keynote Speaker | Two Award-Winning Podcasts, One in the Top 1% Globally | Best Selling Author
More than 12 years ago I shifted from being a long-time (20 years plus) litigator, to a mediation practice. It was a journey with many, many bumps in the road and now from the other side, I try to share the insights and tips that I wish someone had shared with me to help you on your journey. Transitioning from a litigation to a mediation practice is more than just a career move; it's a paradigm shift. In my journey, I've learned some invaluable lessons that I wish I had known earlier. Here are the top five:
1. The Mindset Shift is Paramount
While gaining mediation skills through training is an essential first step, it's just the beginning. The true challenge lies in the mindset shift from being an advocate to becoming a neutral facilitator. This transition is more complex and critical than it appears. In litigation, you're conditioned to fight for your client's interests, but mediation requires a balanced approach, focusing on finding a common ground. This fundamental change in perspective is often the hardest yet the most crucial aspect of becoming a successful mediator.
2. Revamping Your Practice Approach
Running a mediation practice is starkly different from managing a litigation practice. It necessitates a thorough review and alteration of your processes and procedures. In mediation, the emphasis shifts to a neutral, more accommodating approach, which is not an inherent aspect of litigation. This involves rethinking how you handle cases, interact with parties, and resolve disputes. It's not just about changing your title; it's about transforming your entire operational mindset.
3. Strategic Expense Management and Support
Transitioning to mediation may require cutting costs, but understanding where to allocate resources is key. Certain tasks and roles are more efficiently handled by an assistant or a support team. Investing in support for administrative tasks, client communications, and case preparations can significantly enhance efficiency. It's about working smarter, not harder, and realizing that strategic investments in support can lead to greater success.
4. Marketing Your Practice and the Process
Marketing a mediation practice isn't just about promoting your services; it involves educating potential clients about the mediation process itself. This dual approach is necessary because mediation is often misunderstood or unknown. Your marketing strategy should aim to highlight the benefits of mediation, such as its collaborative nature and cost-effectiveness, while also showcasing your unique skills and success stories as a mediator.
5. The Necessity of a Solid Business Plan
A well-thought-out business plan is crucial for a successful transition. This plan should outline your business goals, target market, marketing strategies, financial projections, and operational procedures. It's not just about having a vision but having a roadmap to turn that vision into reality. A robust business plan will guide your decisions, help you manage resources effectively, and provide a framework for sustainable growth. For those who would like some support in creating their 2024 business plan, whether for a new practice or to enhance and grow your existing one, I am here to help. Book a one-hour discovery session with me to get started on your best year ever!
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The shift from litigation to mediation is not just a change in practice areas; it's a journey of transformation. Understanding these key aspects can make the transition smoother and more successful. By embracing these lessons, you can navigate this new path with confidence and clarity.
Here's to your journey in 2024!
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1 年I'll keep this in mind.