August 7, 2006
This blog has moved…to a new location
WWW.MediationMarketingTips.com/blog
Please make a note of it.
Bookmark the site and be sure to go there and sign up for the feed of the blog updates.
Also you can enter to win the success system, this month only at www.mediationmarketingtips.com
and if you haven’t checked out the Mediation Biz & Marketing Success System, then you aren’t serious about making a substantial income doing work in a rewarding field like mediation.
Ok, I understand maybe this vision isn’t for you. Maybe you aren’t called to this profession or maybe you think you should struggle to get clients and couldn’t imagine learning from the experts how to build a successful practice.
That’s ok, then the success system isn’t for you!
But if you are serious about making mediation your day job and you want to earn a substantial income doing it and you are committed to this profession, then you owe it to yourself to check out the Mediation Success System because it will give you a short cut and mentoring from highly successful mediators from all over the US and Canada. YOu’ll hear their stories how they built successful practices, mistakes they made, what works to build a practice and what doesn’t. They will give you advice.
Plus, there is an amazing action plan that goes through the four quadrants of my Mediation Biz Success Mastery Model TM that will be a priceless roadmap for you to build the practice of your dreams…
ok, but don’t take my word for it, check it out for yourself.
www.MediationMarketingSecrets.com
Test drive the program for thirty days, we have a full money back guarantee. We want you to love it and get great results.
If you don’t, send it back and we will cheerfully refund your money…
oh and as if you needed another reason to check it out, there is a pre-release special going on now until 8/31/06 midnight EST.
Your partner in peace,
Kristina Haymes
August 5, 2006
Response to Q#2 Part II — Overcoming disincentive/educating public
I wanted to go into a little more depth as I think about the Q & A posted last week. (https://mediationmarketingtips.wordpress.com/2006/08/02/response-to-marketing-question-2-overcoming-lawyers-disincentive/)
Here are some more ideas:
1) Write some articles targeted to the probate/guardianship lawyers. Perhaps the local law journal, legal periodical.
Provide successful case studies and showcase probate attorneys that have successfully used mediation. Interview them and quote them citing the benefits they personally received and the benefits their clients received. Include these quotes and case studies in the articles you write for publication.
You can also use these case studies in your marketing materials, e.g. your web site or on-line articles etc.
Testimonials of lawyers successfully using mediation and how this has benefitted them and their practice could be one of the most powerful tools used to help other lawyers overcome their initial resistance due to their focus on short term economic gain.
Any other ideas?
Let’s hear them.
We are creative and resourceful and together we can figure out how to increase demand for these valuable services…
NEVER GIVE UP!
(can you tell that determination and perseverance are part of my values/virtues?)
Your partner in peace,
Kristina Haymes
www.mediationmarketingsecrets.com
p.s. this blog is getting a new look, bookmark it at http://mediationmarketingtips.com/blog
August 3, 2006
Mediators Nationwide sound off on “pro bono” mediations
There’s no doubt about it, the court annexed mediation programs that have sprouted up across the country set up a system where mediators are expected to give away their valuable service for “free” or little compensation.
Mediators nationwide are sounding off on this topic. NJAPM’s president Anju Jessani has published an article on mediate.com about this issue as have others (See http://www.mediate.com/articles/jessaniA1.cfm).
A law.com blogger posted a blog about this yesterday and it is getting circulated around.
Here is what I know to be true:
1) the court annexed programs provide a great way for new mediators to get experience at the table that otherwise would be difficult to come by; and
2) these same programs devalue the mediator’s service. Everyone is well compensated from the court staff who run the programs to the lawyers at the table except the mediator — the key player.
When people receive something for free or cheaply they do not value it, they take it for granted and develop a sense of entitlement!
Mediators are beginning the process of lobbying the courts and policy makers to change the status quo. Mediation has a proven track record of leading parties to resolve cases, clearing court dockets and fostering satisfied clients. The value in the service provided is measurable and as time goes on will continue to be rewarded by the marketplace (in private mediations it already is as the top commercial mediators in the country earn very high hourly rates for their valuable service).
Thus, we all need to unite and think creatively about how to address the issue of valuation with the courts. Here in New Jersey a resolution was just passed on July 27, 2006, which changes the allotment of free time in a mediation from 3 hours (1.5 hours of prep and 1.5 hours of mediation) to two free hours (1/1 split between prep and mediation). Some see this as progress, although the parties can opt out after the first free hours.
What happens with the court system is the best, most talented and experienced mediators opt out of the program once they have sufficient demand for their services from private clients.
Here’s the article posted on law.com
Let’s hear your comments
from Robert J. Ambrogi‘s blog :
August 2, 2006
Mediators Sell Themselves Short?
Why do mediators so often work for free? Shouldn’t they be paid fairly for their services? ” Los Angeles mediator Charles B. Parselle, founding partner of Centres for Excellence in Dispute Resolution, raised these questions in a May Los Angeles Daily Journalarticle recently republised on Mediate.com. He observes:
“Los Angeles mediators personally pay for 97% of court mediations, giving away thousands of hours and millions in fees each year, yet overwhelmingly mediators would rather be paid for their professional services.”
Lack of fair compensation among mediators is a nationwide problem, as illustrated by the reactions to Parselle’s article by two Massachusetts blogger/mediators, Dina Beach Lynch at Mediation Mensch and Diane Levin at Online Guide to Mediation. Lynch, who has written about this topic before, says in her most recent post:
“Paying mediators fairly threatens the status quo for key stakeholders like the courts and the organized bar. There seems to be very little incentive for either group to change a system that works for them from a financial and productivity standpoint.”
The question, she says, is what to do about it. If mediators consider themselves invaluable, she asks, why do they continue to accept being treated otherwise?
Diane Levin encountered this issue when she embarked on a career in mediation and was told, “If you do it for money, then you’re cheapening something special.” Yet, she says, mediators’ value is undeniable:
“Mediators boldly go where angels fear to tread — right into the very heart of conflict. And, like intrepid guides, we are able to lead disputants to level ground. We help people achieve resolution and overcome their differences, even in the face of seemingly intractable conflict.”
In my own career, I have long worked as an arbitrator and mediator in labor relations, where there is no question that I will be paid for my services. More recently, as I’ve ventured into civil mediation, I find precisely the problem Parselle, Lynch and Levin describe. Court mediation programs are often pro bono, even in cases where litigants’ pockets are deep. Parselle is correct in suggesting that the solution is simple: Mediators should not be required to work pro bono except to help the needy and indigent, and courts should adopt fair programs that allow mediators to charge for their services as the market dicates. ”
August 2, 2006
I’ve decided to have another contest to WIN…
I had left an old audio clip on my newsletter site www.mediationmarketingtips.com (which by the way is where this blog is going to be hosted very soon!). [the audio clip has been changed…]
So a few people have signed up to win a copy of the Mediation Biz & Marketing Success System by giving me their top three reasons why they think they should win the system (a $297 value since it includes the 30 day action implementation coaching).
So, in all fairness, I thought I should actually have another contest.
The site has been modified but you can enter to win the Success System (www.mediationmarketingsecrets.com) until August 31, 2006 (midnight EST).
So enter to win today at www.mediationmarketingtips.com
Give me three reasons why you should win and remember THINK BIG about your vision for your practice and how you want to help the world!
NEVER GIVE UP!
your partner in peace,
Kristina Haymes
ps did I say the contest ends August 31, 2006? enter today www.mediationmarketingtips.com
Response to marketing question #2–overcoming lawyers’ disincentive
Here is an excellent question from a Mediation Marketing Tips reader who is a member of a very small firm specializing in Probate and Guardianship mediation:
“We specialize in Probate and Guardianship mediation, and believe that these areas could be well served by mediation because they almost always carry with them family relationships or personal relationships that
will continue in the future if they are able to be preserved. However, because elements of these types of law allow for attorneys, even when failing to win their case, to apply to the court for payment out of an estate, there exists little motivation for most attorneys to suggest the
mediation forum to their clients because it will mean a reduction in their billables. We thought of maybe going one step down the ladder to try to reach clients themselves, but this seems a difficult audience to target. Therefore, our most pressing concerns relate to a) how to convince attorneys to use mediation in the Probate context and b) how to reach
clients (“end users”) directly? Ideally, we’d love to be a
mediation-only firm; we just do not have the demand yet.”
First of all, bravo to this firm for having a clear and well-defined niche they are building on.
The core questions here relate to two important themes that rear their heads in a variety of mediation niches:
1) How does one deal with lawyers’ financial disincentive to use mediation?
2) How can we educate the public (within a targeted mediation niche) as to the benefits of mediation so they will press their lawyers to utilize the process or seek out the providers directly?
I. Lawyers’ Disincentive to Use Mediation
Lawyers who are paid by the hour or who can apply for statutory fees often have a disincentive to suggest mediation to their clients. The theory is that these lawyers care more about “billing a case to death” (and are more motivated by their personal financial interest than doing what is best for their clients) than suggesting an alternative process such as mediation that would benefit their clients.
Most people would not deny the reality of the short-term financial incentive lawyers have to bill. Yet, herein lies the opportunity for the mediators and conflict managers to think creatively and help any such lawyers expand their thinking.
(An aside: in all fairness historically there have been other reasons attorneys have not suggested mediation to their clients including lack of familiarity with the process, negative experience with the process (through either mandated mediation at an inappropriate stage of the case or an unskilled mediator), a fear of “appearing weak” to their adversary etc. As the profession has expanded and attorneys have had positive experiences with the process, many of these reasons are not as relevant in developed markets).
Any gain from pursuing protracted litigation and billing a case to the max is short term. Thus, the solution is to educate the lawyers and to challenge them to look at the big picture and engage in long term strategic thinking. If you educate them on how using mediation can help them get satisfied clients and build their practice this short term incentive can be turned on its head.
So, while the lawyer may get billables from protracted litigation, studies demonstrate clients are largely unsatisfied with the process regardless of whether they win or lose at trial (heck, we don’t need studies there is a reason there are a lot of lawyer jokes floating around).
Conversely, studies demonstrate that parties are largely satisfied with the mediation process.
The point: lawyers can win in the long run by walking their clients through a mediation process. Even if the case does not settle, significant progress is typically made toward clarifying issues and moving toward resolution. The clients will be happier with the attorneys’ service and goodwill is created in the marketplace for this attorney. While perhaps each case in the aggregate may be worth less to the attorney, the volume of cases should increase.
If as one commentator suggests, the economic savings and satisfaction of the consumer with the mediation process should increase litigation and the demand for the mediation process (since lower transaction costs it is argued could fuel greater demand), then the volume of cases lawyers are dealing with should also increase.
Thus, marketing effort can be utilized to educate attorneys as to the benefits of mediation for building their practices even when it runs counter to their “short-term” financial incentive.
For example, I am putting together a five part ecourse for attorneys for precisely this purpose. I may consider licensing this e-course to other mediators if you are interested in offering this to your niche market.
II. Educating the public about the benefits of mediation (within your niche)
We all need to continue our education efforts! As the public becomes more savvy about mediation and other means of resolving conflict, they will create greater demand for the services. Make this part of your marketing plan.
In the case example we are examining today, the probate and guardianship niche, we can think of some ways to do this.
1) How would you identify where these types of litigants are?
Think about where you would find these people. In the probate context, perhaps hiring a paralegal to search recent probate filings. You could then send out a targeted mail piece including a “free report” or other article outlining the benefits of mediation in the probate context. Be sure to be respectful of the relationship of the potential client with the attorney. Think creatively about how you could offer them something of value and offer to work with them and their attorney toward a peaceful resolution.
I am sure there are other ways to reach these groups, perhaps the morgues (sounds morbid I know). You could have them include a flier with a “free gift” (consultation or discount on a mediation).
If you get out your whiteboard and have everyone in your group brainstorm, I am sure that you could come up with creative ways to reach your target audience and educate them about mediation.
Remember, provide them with something of value and they will welcome your information.
NEVER GIVE UP!
Your partner in peace,
Kristina Haymes
ps do you have a marketing question about your mediation/ADR practice? Go to www.mediationmarketingtips.com and enter your question and get my free newsletter.
July 27, 2006
Why Do You Want It?
In continuing with my theme this week re: inner mastery I have a provocative question for you that is critical to your success:
Why do you want it?
Why do you personally want to build the mediation practice of your dreams?
(this, of course, assumes you have a dream).
You can easily learn “how” to do it. It is not rocket science. Some distinctions may be secrets but most of it is straight forward.
Yet, without a clear and powerful motivating forces you may want to give up when the going gets tough. Or, you may not want to take that leap of faith and launch your dream practice when it is time to do so. Tony Robbins says that 20% of success is “how” and 80% is “why.”
I want you to be clear on your motivation. Why do you want it? why do you feel compelled to build it?
Why does it matter to you?
Many of you may be like me and you were called to the field of peacemaking. It is a spiritual quest.
You see, in order to move yourself forward, you need to have a powerful reason(s) that drive(s) you, you need to have leverage over yourself and your motivation.
For me, I am guided by a strong sense of purpose and calling. At this stage of my life I *know* this is what I am supposed to be doing.
I also have financial needs that require me to make a living. This is a motivating force. Some people think that mediation is social work and should not be remunerated. That is hog wash. If you are providing value to people’s lives and saving them thousands of dollars on legal fees, time, energy and what not, you deserve to be paid. The marketplace will reward you for providing value to people’s lives.
I also have a strong desire to “do my life’s work” and be faithful to what I think I’m called to at this time (relates to my purpose). For me it is about contributing in a positive way to the world and sharing my gifts and talents with the world.
How about you?
Can you identify with any of these motivating forces? Do you know what is driving you? The forces should be clear and powerful.
Write it down, send it to me, share it with someone.
The world needs you and if you are not clearly guided by a powerful understanding of why you want it, you probably won’t follow through on the steps you need to take to make it happen.
NEVER GIVE UP!
Your partner in peace,
Kristina Haymes
July 9, 2006
Are you quitting too soon? The Rule of 7
Question of the day:
Are you giving up on your mediation practice building efforts too soon?
In marketing, there is a general rule of 7 — on average, prospects need to see your ad or be exposed to you at least 7 times before they are ready to take action.
The same principle applies to your business development efforts for your mediation or ADR practice.
If one of your key goals to filling your mediation practice is to build trust and credibility with your market — understand that this will take time and repeat exposure.
You can’t just write one article and expect the phone to ring off the hook. You can’t just attend one strategic networking event, you must consistently over time engage in these activities. Once people know you and are familiar with the work that you do, less effort will be required to keep up the flow of cases/clients. Of course, you must do good work. Ultimately, once your marketing machine gets going, word of mouth will be a key element of your business growth.
Before this happens, you must be consistent and persistent.
Many people give up or quit too soon. I have heard it estimated that many people quit right before they were about to really make it big. Not you. I know.
You will press on. You plan for success and then work your plan…
Now, another thing to remember is that you should have a strategic plan… I am working on creating a wonderful resource, a Mediation Biz & Marketing Success System Action Plan which will walk you through creating a rock solid foundation for your practice and then have you create your own strategic marketing plan. This will be a free bonus for those who purchase the Success System (www.mediationmarketingsecrets.com)
NEVER GIVE UP!
Your partner in peace,
Kristina Haymes
July 7, 2006
,Office Space Part II
I wanted to follow up on my prior post entitled “Projecting a Professional Image — Office Space.”
I officially moved into my new office this week! Hurray! I decided not to go with the executive suite set up because I found shared office space with other attorneys and mediators in a good location (New Jersey does not have one central location where lawyers/firms are centralized but rather several centers throughout the state). The location was closer to my home and had good conference rooms and plus provides camaraderie with other lawyers/mediators.
At the recent advanced mediation training I attended at Pepperdine last month, someone asked a panel of expert mediators how important it was to have office space. Many of the mediators said they didn’t think it was necessary and that you could use the offices of counsel involved.
Lee Jay Berman, who was moderating the panel, disagreed. He said that when he was first getting started he rented an executive suite in order to project a professional image and would provide lavish food etc. Many attorneys want to mediate at a neutral location.
It’s up to you and your budget…
I for one am thrilled with my new digs and the freedom of being “on my own.” I am not saying it is always easy, or that taking the “leap of faith” doesn’t require great courage, nor that I haven’t had moments of doubt — because I have!
I choose however, to see, feel and hear my voice of faith and to move forward as I am called.
You can do the same!
p.s. In a prior post I was discussing how to “fund your vision” and the importance of at the right time “quitting your day job.”
The book I’m reading Millionaire Maker (www.liveoutloud.com) has many good suggestions for funding your dream (although they don’t call it that, for Loral it is about building wealth). One option is to invest in positive cash flow real estate. She indicates that in middle America there are still markets where you can buy inexpensive real estate that will produce positive cash flow. Check it out, I’m going to. It’s all about funding your dream and being able to do the work you are called to do!
Let me hear your ideas about funding your dreams…
NEVER GIVE UP.
Committed to your success,
Your partner in peace,
Kristina Haymes
July 1, 2006
Mediation Biz & Marketing Success System — kinda ready
Hey, so I have to say that things have been falling apart a little since I’ve been on vacation. I have learned a valuable lesson I should have remembered from my big law firm days… always post an extended absence greeting on your voice mail when you are out of town!
Live and learn!
so, I got another surprise today when I received an email that someone ordered the Mediation Biz & Marketing Success System — I didn’t realize that the web site was live — as I’ve been waiting on the merchant account (sometimes it’s hard to want to make phone calls from the beach). Anyway, my web guy (who is amazing!) put the site live without me knowing it! The site is accepting paypal at this point and at some point in the near future (when I’m back after the fourth of July) we will expand.
Anyway, since an order came in, I wanted all of you to know that the site is kinda ready (given my above disclaimer). I didn’t want you to miss out on the pre-release special. Although, given the delay due to my vacation and other circumstances, we will consider extending the special $100 off that is good through July 4…. check it out www.mediationmarketingsecrets.com.
While things are falling apart a bit while I’m on vacation, I have to tell you that I went boogie boarding today. Brings back a lot of childhood memories but I never caught big waves when I was a kid like I did today. I caught two huge waves. It is such a rush as you drop down with the wave and ride it all the way in… Ok, this has nothing to do with marketing but I hope you understand why things have been falling apart a bit lately. I mean can we talk? How do you compete with beautiful clear skies, clear water, 80 degrees and a beautiful San Diego county beach? As peacemakers we must nurture our own souls and keep ourselves alive. I so love the ocean! What are you doing this summer to nurture your soul and keep yourself feeling really alive?
Back to business on July 5.
Have a great holiday (for you Americans), watch the world cup, fireworks and check out the pre-release of the success system www.mediationmarketingsecrets.com
We will be more ready soon. This is a good lesson for you though… ACTION IS KING! Even if you don’t get it right, it’s important to get it GOING…
I’ll write about that theme as it relates to marketing your mediation practice soon.
Your partner in peace,
Kristina Haymes
June 30, 2006
Marketing and Business Development…
I am still on vacation in beautiful Southern California. The weather has been amazing. So, while I have been at the beach, pool and theme parks, I have not been marketing or developing business.
Nonetheless, in my down time I have been reading an excellent book called the Millionaire Maker by Loral Langemeier. Loral is a multi-millionaire coach and in her book she goes through a wealth building formula and various case studies of how she and her team helped people get on the fast track to building wealth. Now, don’t get me wrong, money is not my mission and I don’t think it should be yours.
Yet, money is needed to fulfill your vision and your goals. So, in that vein, it is important to understand how to create wealth so that you can use it for good. We live in an abundant world. There are plenty of resources out there to fund your big dreams.
Part of her formula is creating a business that will generate cash. She recommends that people start with something that they know. So, if you have a mediation business, congratulations. You are on the right track. This can be a stepping stone for you to learn how to run a business. Loral also says the the number one reason that many businesses fail is that people do not know how to market their business and to make it grow. Indeed, marketing is one of the most important business skills that you need to develop.
Marketing a personal service business like mediation is not like marketing a traditional product. You must take a different approach. The decision to hire a mediator is a very personal one. That is why getting good at what you do is the very first step. Once you have success at the table, the next step is to figure out which of the marketing strategies you are best suited for and which work well with your local market. You must tailor what you do to your locality.
For example, in New Jersey word of mouth is really key. It is a small more old fashioned market, where people are used to operating on a referral basis. I have found this to be true in everything from a realtor to a cleaner to lawyers and mediators. Word of mouth is important everywhere, but perhaps even more so in smaller markets where the local culture is very word of mouth oriented (I contrast this with Northern California where I lived and the internet was hugely important).
So, what can you do to generate referrals from your current customers? Start asking yourself how your local market works and think of some ways to generate word of mouth referrals… Some ideas,
include a toned down request in your closing letter to the parties/counsel. If you have fostered a good relationship with counsel, follow up on the phone and ask if anyone else in their firm or other lawyers they know may need your service. Consider offering some type of discount on your fees for repeat customers….
Add your own ideas here…
More after vacation…
NEVER GIVE UP
Your partner in peace,
Kristina Haymes
Mediation Marketing Tips 