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BOOK REVIEW:

Jeffrey Krivis and Naomi Lucks, How to Make Money as a Mediator (and Create Value for Everyone): 30 Top Mediators Share Secrets to Building a Successful Practice (Jossey-Bass 2006)

Book review by Joe Epstein (Conflict Resolution Services, Inc., joe@crs-adr.com)

Jeff Krivis and Naomi Lucks weave an illuminating tapestry of insight and wisdom garnered from the "elders" of mediation - mostly IAM members - in their new book, How to Make Money as a Mediator (and Create Value for Everyone): 30 Top Mediators Share Secrets to Building a Successful Practice. They lay out the tactics required for a successful mediation practice and then address the mechanics of marketing and managing that practice. Along the way they helpfully sum up sections with relevant "Top-Tier Strategies" and other summarizing techniques. Lastly, they take a peak at the future of mediation. In terms of traits necessary to be a top-tier mediator, Krivis and Lucks note that mediators must:
  • love to mediate,
  • be very good,
  • be likeable and inspire trust,
  • cultivate "champions,"
  • work hard (and never give up), and
  • charge more than others.
They expand on this list by explaining that to be a successful mediator you should: (1) be yourself, (2) be authentic, (3) create your own market, and (4) learn from everything. I would suggest there are additional strands that need to be woven into the tapestry of traits. To the Krivis-Lucks list I would add creative energy and soul. Clients value the spark of creative energy and appreciate the connection with an empathetic listener who is willing to put part of himself or herself into the case.

The Top-Tier Strategies for "invisible marketing" are excellent, and include:
  • giving people a story to tell about you,
  • making a good first impression,
  • remembering that lawyers are the gatekeepers,
  • building relationships,
  • creating value,
  • closing deals, and
  • embracing rejection and expressing gratitude.
As for invisible marketing, I will merely state that insightful observations, suggestions, stories, and strategies abound. Helpfully, the authors do not shy away from presenting conflicting views on these points, apparently recognizing that conflict has its positive aspects. Looking to the future, Krivis and Lucks point to both positive and negative trends in mediation. One positive trend that they reference is a process some of us have embraced - co-mediation. This trend allows for the pairing of experienced mediators with newer mediators, experienced mediators with those possessing technical expertise, or equally matched experienced mediators for larger multi-party cases. Nuggets abound in this reader friendly volume. Pick it up and you'll pick up many worthy ideas.

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