New York Lawyer
July 24, 2001

Q:
I�m interested in alternative dispute resolution (ADR). How do I find a job?

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A:
If I may be so bold as to reframe your question, what you should be asking is, �How do I find a life?� This is because in many of its forms, alternative dispute resolution represents a fundamental departure from the traditional adversarial approach to resolving disputes. Particularly with respect to mediation, it can represent a fundamental career change � a calling that you don�t just dive into, but have to develop over a long period of time.

ADR is not a focused practice area like tax law or �40 Act practice. It�s a diverse field � one still undergoing definition and specification. ADR is a catch-all phrase that, depending on your perspective, serves as a doorway to myriad roles and possibilities, many poorly-defined and wildly disorganized. To some, ADR is the description of a societal need (�The civil justice system is neither civil, nor just, nor a system�). To others it�s a philosophy of thinking or a trend reshaping the face of the whole profession. To others, at the more pragmatic end of the spectrum, it might mean getting qualified to sit on American Arbitration Association panels or handling mandatory arbitration of employee grievances under a collective bargaining agreement.

A life in ADR does not automatically mean good-bye to employment in a law firm setting. A number of law firms already have or are ramping-up ADR practices, frequently as part of their labor and employment law practices -- where ADR tends to be viewed through the lens of arbitration proceedings. In this sense, ADR may be seen as adjunctive to the rest of the firm�s litigation practice � an additional revenue stream, as it were. Assuming you�re well-credentialed enough to be hired by a firm, you �find a job� by asking to be assigned to the ADR practice area.

When the �A� in ADR means truly alternative, however, ADR is viewed with hostility by many traditional litigators, whose practice may be cannibalized if parties opt for shorter and cheaper ways to fight. Mini-trials, for example, are informal �mediated� proceedings where disputants lay out condensed presentations of their �best shot� evidence and the mediator gives his/her opinion of whose point of view is more likely to prevail. They may also become an active participant in the resulting settlement negotiations. Most such mediators are experienced litigators or retired judges who are very accustomed to giving expert opinions.

It is a very hard row to hoe to announce to the world that you want to specialize in mini-trials unless you�ve already a lot of traditional litigation and trial experience. Even then, it can be tough developing market visibility and credibility. The most productive and lucrative practices I know were built slowly � often in tandem with a more traditional practice until the new identity could fly on its own.

In �true� mediation, the mediator is a �neutral,� a process consultant who is supposed to facilitate the parties� own efforts at framing and articulating their positions. The mediator is not a person who voices their own opinions, urges a particular point of view or even makes suggestions for resolving the dispute. In such real-life forms as divorce mediation, community dispute resolution, or youth services mediation, the mediator in fact may be a combination of opinion-voicer and neutral facilitator. In all such settings, however, the thrust is to turn the tone of the proceedings from adversarial to one of collaboration.

Because ADR is an open-entry �profession,� there are real difficulties obtaining both credentials and experience. Many neutral mediators are not lawyers; indeed, they argue that mediation should not be done by lawyers, given their tendency to lapse into advocacy roles and procedural postures typical of adversarial litigation. Therefore, in segueing into a mediation career, you may find yourself in league with pastoral counselors, psychologists, family therapists, social workers, educators and/or management consulting firms. The good news is that there is an enormous variety of training and certification programs for ADR and mediation � both specifically law-related and �generic� (such as the highly-regarded program on negotiation and mediation at Harvard or the mediation training offered through the Quaker American Friends Service Committee). There are numerous professional and certification organizations, including an American Bar Association section, national and regional organizations, religiously-affiliated referral organizations and even multinational training and networking groups. I urge you to research all of these, in order to define which role would suit you best and find out what are the requirements for entry.

The whole point here is that finding a focus and developing a clear statement of how and where you�d like to be an ADR practitioner is probably harder � and more important -- than finding a job. If you are currently practicing, your career shift will require some explaining to the job market. But your legal training and communication skills are excellent foundations for employment credibility, so at least you will have a leg up on that score.

Sincerely,
Douglas B. Richardson
President, The Richardson Group