LESSON FROM AN EXPERT

Reference: Thomson 2021.01: How to Become an ADR Specialist

HOW TO BECOME AN ADR SPECIALIST

Discovering A Rewarding Career

Introduction

Conflict resolution specialists come from all walks of life and have diverse skills and abilities. Great practitioners have an obsessive passion for helping people with high levels of cognitive participation, an openness to learning (OTL), and an ability to find novel and hybrid ways to guide people through times of chaos and crisis to new beginnings.

Unlike social science practitioners, resolution specialists see the results of their participation with their clients as clear and decisive outcomes that have defined endings and new beginnings that give practitioners high levels of career satisfaction.

Many practitioners are ‘journeymen’ employed within regulatory and governing bodies, courts, corporations, and the legal professions.

Eighty-seven percent of these employees said they experienced high work satisfaction, significantly higher than national averages.

Employment satisfaction and financial rewards can be significant for those prepared to attain higher qualifications, embrace the challenge of higher-level promotions, or step out and become self-employed. Unlike counsellors and therapists, who require social science competencies and qualifications, alternative dispute resolution professionals require skills based on the rules of fair justice and principles of civil law. Unlike some other forms of law, the principles of civil law are not challenging to learn. (explained in a future section)

"new beginnings are often disguised as painful endings"

No single pathway or qualification identifies a practitioner’s potential to become an outstanding resolution specialist. I encourage future practitioners to begin their journey from where they are now, leveraging their current qualifications and skills to demonstrate competencies and maximise advantage.

If they can, you can too

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Sydney was a forty-six-year-old home builder who suffered a restraining workplace injury. Seeking insurance compensation, he experienced frustration and significant anxiety as he navigated delays, high legal costs for representation and constant disputes over medical assessments of his disability. The experience motivated him to become a construction workplace dispute mediator. Within two years, he started his own practice without further qualifications.

Janice, a thirty-nine-year-old private school teacher, became redundant when she challenged her employer about how they managed high-stress, truant children with disabilities. Janice started a parent advocacy and mediation group. Within twelve months, she could charge clients for her advisory services, negotiating with schools to ensure the safe management of individual children within school policy.

I built my business using my natural competencies and experience and expanded it into fields where I had curiosity and passion.

Mediators and negotiators come from all walks of life, are as diverse as the problems they manage and once established, remain in their newfound vocation until the end of their working life. While there is no specific pathway, qualification, or personality type, section three of this book identifies opportunities to become established within the industry and enjoy a fulfilling and rewarding career.

My story

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My story is typical. It could be yours.

At thirty, I found myself at a crossroads in life. I had resigned from the Police and Territorial Army. Confident life had more to offer I moved from New Zealand to Australia.

Arriving in Australia I attend a business breakfast and making myself known to the organisers was invited to introduce myself and speak about my experiences as a search and rescue specialist. After breakfast, the company CEO asked if I would consider working for them as a commercial contract negotiator within their property management division.

At that time, I had no concept that twenty years later I would be a respected conflict and dispute mediator, trusted negotiator, skilled public speaker, and published.

My pathway was not a predetermined choice. Instead, as I adjusted to the fluctuations and vagrancies within the property market, growing organically from each progressive adventure I embarked on. Some may call it destiny or luck, but with hindsight, driven by financial need and seizing opportunity, I arrived at a place that gave me immense work satisfaction and an opportunity to earn a significant income.

At the time of writing many would be considering retirement. I am financially secure. I own a farm, investment properties, a yacht, and as a pilot, I fly my personal aircraft but I love what I do and enjoy the lifestyle it provides. Unlike most vocations, the older I become, the more demand there is for my services. I have no intention of retiring.

I have studied, attaining a major in criminology and associated qualifications in civil law, business, aviation, and environment, all gained after I was forty years old. Recently, I returned to university to complete a law major.

Amongst my peers, there is no single academic qualification that distinguishes mediators and negotiators. Instead, great practitioners use their existing skills and playing to their strengths. They demonstrate high emotional stability, assertively confront conflict, correctly assess facts, are open to learning and experience (OTL), fluid in their thinking they can create ‘out of the box’ hybrid resolution solutions. They are excellent communicators and skilfully crafting language encourage all parties to participate in mutual resolution.

This could be your opportunity; my story could be yours.

Section One

Earning An Income

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In my seminars, a frequent question is, ‘How much do you earn?”

Salaried practitioners have incomes that vary widely, influenced by factors like employer sector, practitioner skills, and qualifications. Government or statutory regulatory employers typically offer scaled salaries, and benefits such as training, income stability, holidays and leave entitlements. These employers provide excellent entry points into the industry.

Employment opportunities in government or regulatory bodies can include family court mediation, juvenile restorative justice, and industry compliance dispute resolution, including fields like property tenancy, building and construction, real estate, fair trade, commerce, employment, and all other licensed industries (e.g., plumbers, electricians, car sales).

In my region, junior practitioners in government roles typically earn between $55,000 and $75,000, with non-executive senior roles up to $165,000.

Although qualifications and previous experience are often necessary to enter the private sector salaries tend to be significantly higher. These employers offer potential for advancement and career mobility. The private sector in Australia and New Zealand is substantial, employing around 14,000 people across regulatory and government consultant sectors, excluding lawyers with dual roles.

Specific qualifications are not usually essential for junior entrants to the workforce, but they should demonstrate a strong desire and eagerness to learn. Mature entrants should apply for roles aligned with previous work experiences, leveraging their strengths and experience to gain credibility. For example, a licensed builder might seek positions within construction mediation, while former police officers or service members might find opportunities in insurance claims disputes.

future opportunities abound, A.I. will never replace the abilities of empathetic human involvement

Pursuing legal qualifications can increase remunerative contract work in government and private sectors, with some practitioners earning over $5,000 daily. Senior partners and principals working in private practice are typically considered self-employed, which means forgoing certain benefits such as annual leave, health and sickness benefits, and, potentially, maternity leave for women.

Private sector annual salaries can be double those in the government sector, with many sought-after self-employed practitioners earning more than $300,000 annually and a select few exceeding $1,000,000. These figures are indicative and represent pre-tax annual revenues.

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Section Two

Four ADR Strategies

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ADR’s: - Better ways to solve problems

Before discussing employment pathways, it is crucial to understand the scope and limitations of Alternative Dispute Resolution (ADR) strategies how it operates, and the wide-ranging opportunities it offers within this diverse practice field. The primary objective of the four ADR methodologies is to provide a more efficient, cost-effective, and responsible approach to resolving conflicts. Disputes occur in all places, arising from minor grievances, unreasonable claims, relationship breakdowns, breaches of corporate contracts, and international procurement issues. Statistically, ADR strategies resolve 83% of formal disputes, effectively circumventing lengthy and often contentious court litigation.

Since the COVID Pandemic, the use of ADR has significantly increased underscoring its credibility as a critical element of conflict management and dispute resolution. Unlike litigation, which frequently creates an adversarial environment ADR specialist can create non-threatening, open and transparent environments the often strengthen or help heal interpersonal relationships.

This approach is particularly beneficial in family disputes, workplace conflicts, and business partnerships where the long-term advantages of maintaining positive relationships can be substantial. ADR notably reduces the time required to reach settlements compared to traditional litigation, which can be both protracted often taking up to two years to get to court.

Private and confidential

Unlike traditional court litigation, ADRs are conducted in private and are not subject to public disclosure, thereby offering levels of confidentiality and security, particularly where confidentiality is required. This makes them an attractive option for individuals and organizations seeking to resolve disputes discreetly, As a future ADR specialist, recognizing the significance of confidentiality will enable you to effectively market your services to clients who prioritize discretion in their conflict resolution process.

Diversity requires flexibility

The versatility of alternative dispute resolution (ADR) methods highlights their significance in resolving conflict. ADR strategies can be effectively implemented across most sectors, including healthcare, education, business, community relations, and family and relationship disputes. With an industry growth rate exceeding 10% annually, there is increasing demand for ADR services as society becomes increasingly diverse and complex.

Each sector and industry presents’ distinct challenges and dynamics, requiring ADR specialists to remain adaptable and have skills specific to their field of practice. This adaptability expands career opportunities and ensures professional standards, allowing specialists to manage diverse conflicts effectively.

Understanding what employers are looking for when they interview a new employee is crucial. The characteristics of an outstanding ADR practitioner include relevant experience, and training, along with personal attributes such as high assertiveness, attentiveness, and cognitive ability. Those who are willing to learn demonstrate a commitment to professional growth, equipping themselves to make meaningful relative contributions to the industry.

Types of ADR processes

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Alternative Dispute Resolution (ADR) encompasses various processes to resolve conflicts outside traditional legal frameworks. Understanding the different types of ADR processes is crucial for anyone considering a career as an ADR specialist.

The four primary forms of ADR are mediation, negotiation, non-binding, and binding arbitration, each offering distinct pathways for resolution. In addition, while not considered a resolution methodology, almost all practitioners will become involved in Early Neutral Evaluation (ENE). Each method has its unique characteristics, advantages, and applications. While mediation and conciliation processes can be easily interchangeable, the two arbitration processes and early neutral evaluation are stand-alone mediation activities.

The following chapter is a brief about the types of resolution strategies used to find a resolution to all but Court litigated disputes. Being mindful, Court’s often direct disputing parties back to an ADR specialist.

Mediation

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Mediation def: Mediation is a process where two or more parties in a dispute seek a resolution and appoint an impartial third party, the mediator, to help them negotiate the impasses they experience to find a mutually acceptable resolution to their dispute or conflict. Often, in a semi-formal and confidential setting, this process is particularly valuable in situations such as family disputes or workplace conflicts where maintaining relationships is essential.

While finding employment within the private sector as a ‘stand-alone’ mediator may be difficult, having a course certificate of competency will often ‘open doors’ for employment. Within government, mediators usually have limited ability to implement other resolution strategies. If a mediated resolution is not found, the dispute is too often deferred to lawyers for legal representation.

Changes are happening within the construction, housing and property sectors, but an aversion remains to using direct negotiation and arbitration methodologies for cultural and environmental disputes.

As a veteran practitioner, once I explain the process of mediation many choose not to mediate but will choose a negotiated strategy (conciliation). The limitations of mediators is that they have limited ability to introduce legal expertise, give opinions, investigate the veracity of statements and interfere with decisions even if they believe they are disproportionately unjust. Further, many participants are too emotionally implicated to meet face to face with the other party and therefore opt for a negotiated settlement.

Negotiated Conciliation

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Also referred to as conciliation, negotiated settlements, facilitation, and settlement conferencing, these terms have one thing in common. The parties involved agree to resolve a matter but, (in most instances), do not want to, or need to meet face-to-face. While most technical definitions state that negotiation is a direct communication process between conflicting parties, they overlook scenarios, where emotions run high, legal advocacy, fact-finding, investigative assessments, and the veracity of claims must be scrutinised.

While I encourage open dialogue, often involving the parties in ‘online’ discussions, and inviting questions, especially once we have an agreement in principle established, negotiated settlements do not require face-to-face or party-to-party communication.

A negotiator's success depends on navigating the potential risks of deadlock or further escalation during the negotiation period. The negotiator may examine the veracity and sustainability of either party's evidence.

The negotiator must understand each participant's desired outcomes, determination, conviction, and emotional intelligence (EQ) as these effect probable outcomes. Other factors include the gravity of the dispute, willingness to find common ground, and conflicting values, beliefs, and cultural differences.

Within government and the public sector, a large area of employment for negotiators is in the procurement of goods and services dispute resolution. Private sector employment includes property and real estate, all forms of hire and leasing, contracts and contractor negotiation, procurement, sale of goods and services, and many others.

Arbitration (Non-Binding and Binding)

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I group these two strategies together for the purpose of brevity as their application is similar.

Non-Binding Arbitration

Binding-Arbitration

Arbitrators make an enforcaable binding decision based on their investigation, the sustainability of evidence presented (at law), the interpretation and applicability of legal matters such as contracts, enforceable laws (i.e., building codes, fair trade practices, performance of goods and services etc) fiscal management and all matters that are considered 'what a reasonable and responsible properly informed person would have done,' to comply with the underlying Laws of Tort.

While either party may contest the decision, the arbitrator's decision is usually sustained at law unless new and compelling evidence is presented. Arbitration specialists must have strong analytical and decision-making skills to evaluate evidence and arguments effectively specific to their practice field.

Being an arbitrator presents elevated levels of risk, so most arbitrators have legal qualifications and hold high-value indemnity insurance. Insurers assess the cost of insurance against the qualifications and skills of the arbitrator.

For this reason, most arbitrators work within larger resolution companies with significant legal support, often presented as law firms with attached arbitration services.

Early Neutral Evaluation (ENE)

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Early Neutral Evaluation (ENE) is a process that involves assessing the facts and causes of a conflict while examining the likelihood of a specific legal outcome based on evidence and is often utilized to understand the details of the conflict before selecting a resolution method.

The neutral evaluator, a practitioner skilled in both investigation and relevant laws, evaluates the strengths and weaknesses of each party's position and the probable legal outcomes. Although the evaluator's opinion is advisory and not binding, it plays a crucial role in the resolution process, and legal decision-making by providing clarity that can steer parties toward a settlement, potentially avoiding trial. ENE is commonly applied in family law, commercial disputes, and personal injury cases, facilitating quicker resolutions and reducing costs.

ENE requires practitioners to make sound assessments based on proof standards such as "beyond a reasonable doubt," preponderance of evidence, and ‘clear and convincing’ standards. Given recent trends where parties use these rules as negotiation tools, often manipulatively, and the associated increased liability for ENE practitioners, I practice only in my field of expertise.

Practitioners should familiarize themselves with the principles of Calderbank offers, Family Law legislation, and Rule 20 of the Uniform Civil Procedure Rules (UCPR) applicable in Australia and New Zealand. Calderbank offers, involve cost consequences for rejecting reasonable settlement offers (if the rejecting party loses in court), highlighting the strategic role of ENE. (Practitioners outside Australia and New Zealand should understand similar case law and precedents in their jurisdictions.)

Since the COVID-19 pandemic, online meetings have surged by 63%, providing enhanced flexibility, cost savings, improved accessibility, and enabling communication with global teams. These factors have significantly boosted productivity, collaboration, and communication. Additionally, the ability to see the faces of those we communicate with aids in facilitating reconciliation and resolution. Nationally, 87% of all conflicts managed through Alternative Dispute Resolution (ADR) reach a resolution without proceeding to court litigation.

Recommended Reading:

Available free from our Learning Centre

Mediation, Negotiation Arbitration: What’s the Difference Caulderbank Offers Trick or Treat

Ref: TNS 201: Ref: TNS 207

Mediation works best when all parties agree to work together to resolve a matter without acrimony or intransigence, focusing on a resolution rather than the causes of the conflict.

Mediation can be a ‘game-changer’ in a relationship separation dispute. The mediator highlights the benefits of parties reaching a quick agreement by focusing on their future, not the past. When conflicting parties can manage their emotions and create a constructive and collaborative atmosphere, an acceptable solution can be achieved quickly, avoiding expensive litigation processes.

The skills required to conduct successful mediation sessions are not determined by educational qualification, rather by the ability to control the environment, arrest emotional vagrancies, identify real issues, discern truth from lies, and communicate honestly and clearly between the parties.

Significant employment opportunities exist for mediators in human resources, workplace relationships dispute environments, community services such as community health, policing, family and children services, family court and occupational health and safety sectors.

In many matrimonial disputes, business partnership breakdowns, business insolvency, performance of contract and environmental claims, parties express anger or tend to sudden stubbornness and unreasonable demands. Although not within my field, consider a hostage situation. In such high-stakes scenarios, the hostage-taker and the hostage cannot negotiate. It is reassuring to know that law enforcement negotiators take charge, providing a sense of certainty for the hostage while negotiating with the hostage taker.

In these instances, the negotiator becomes a message carrier between parties and can communicate between the parties accurately, finding answers everyone will accept as a settlement agreement.

Over eighty per cent of my work involves using negotiation techniques.

I exercise strong leadership, give legal opinions, seek the advice of family court lawyers, barristers and accountants, and if required, make site visitations, talk with contractors, subcontractors and industry experts. I then communicate my findings to all parties and suggest hybrid and novel options to overcome each impasse as they arise.

Non-binding arbitration strategies can be used when two or more parties cannot find a resolution working together but want an independent, non-enforceable decision. Unlike binding arbitration, parties must agree to the strategy but are not obliged to abide by the arbitrator's decision.

Sometimes used as an alternative strategy to Early Neutral Evaluation, non-binding arbitration can help bring parties together to mediate but, in most instances, is viewed as a 'toothless tiger,' having no enforceability. I refuse to use this strategy even if clients request it. The idea that an arbitrator must make a decision that is not enforceable is futile and pointless.

While common within some industries and used by practitioners lacking competencies, I refer clients wanting to assess a probable outcome (referred to as Probability) to use an Early Neutral Evaluation (ENE) process. (I will explain this shortly)

Section Three

Pathways To An Exciting Career

Never too young or too old to get started

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This chapter is divided into four sections:

1: The need for positive motivation and focus,

2: Junior entrant pathways

3: Adult entrant pathways

4: How to apply for a position within the industry.

Motivation and Focus

One of my passions is being a keynote and session speaker. I speak about navigating crises and conflict, rebuilding lives post-conflict with hindsight and learned wisdom and my favourite is, living a life of faith and hope. Faith is the expressed conviction that compels us to act to do what seems impossible. While not knowing the end, we embark on a journey to create a future reality. We demonstrate this in everyday actions, preparing meals with the expectation of enjoying them with loved ones, or booking flights with the certainty of an exciting vacation long before the journey begins. These are simple acts of faith.

During a significant seminar event, the speaker, a friend, said, "Nothing, absolutely nothing, can deter the passionate, moral, disciplined, and informed person from achieving their goal. Faith activates universal intention, empowering us to overcome extraordinary obstacles, creates groundbreaking inventions, fulfilling dreams our ancestors only dreamed of, and discovers miracles at the frontier of human endeavour."

I later applauded his quote, but he denied saying it until a recording confirmed his unscripted inspiration. I believe if you commit to what you love with enthusiasm and determination, you will excel at it and achieve your intention. I want to explain how this principle operates.

While managing and owning real estate businesses, I would ask potential employees why they wanted to pursue a career in real estate. Despite interviewing over 400 applicants, no one gave me the response I sought. The answer I wanted was, "I love helping people. Homeownership is vital for raising stable families and establishing financial security, and I want to be financially successful."

Just 10% of real estate salespeople earn a high income. The ones that do always include a 'love for people' and 'high earnings' in their mission statements.

There are three values I look for in someone wanting to become an ADR specialist. They are:

A passion for helping people negotiate their way through tough times, guiding them to find solutions and from their experience, they become stronger, more capable to move forward with their lives.
A love for mental challenges, the thrill of high cognitive engagement, and the self-reward for creating innovative successful resolution ideas.
To become financially successful

Being an ADR is not for those seeking a routine nine-to-five job. It requires being driven by a passion for the profession, giving priority to problem-solving and client needs. ADR specialists should be able to empathize with people’s failures and victories. And through their own experiences, fuelled by faith and determination, pursue their vocation wholeheartedly.

Begin your journey considering the following as you navigate towards an exciting career:

Self-Reflection and Exploration:

Identify your passions and strengths. Ask yourself what brings you fulfilment.
Identify what you are naturally good at and what comes naturally to you.
Consider your values: Determine what is important to you in a job and a career.
Explore different work ideas based on your interests. Be prepared to seek and apply innovative, out-of-the-box solutions for complex challenges in your life, a skill you will require when dealing with your clients.
Research different industries and the nature of conflicts within them. Learn about the types of work they offer and focus on what interests you and the skills required.
Consider career pathways that offer progression and training opportunities.

2. Exploring and Understanding Career Pathways:

Learn how to progress from entry-level positions to advanced roles with further training.
Consider diverse sectors like technology, engineering, and community services, as well as high-growth fields like environmental disputes, carbon trading, electric technology, and new transport sectors.
Seek training and development programs to enhance your skills and experience.

3. Taking Action:

Gain relevant skills and experience: Take courses, attend workshops, or seek internships or volunteer opportunities.
Gain relevant skills through courses, workshops, internships, or volunteering.
Network with industry professionals by attending events or joining organizations.
Seek mentorship and advice from experienced individuals.
Be proactive, persistent, and willing to take risks to achieve your goals.
Keep abreast of industry trends and developments.
Surround yourself with individuals who embody the principles of reconciliation as we tend to mirror those we associate with.

the only person you are destined to become is the person you decide to be."

Ralph W Emmerson

Junior Entrant Pathway

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Two pathways exist for College graduates.

The most common pathway for a Junior is to gain employment within a law firm or an internship within a government regulatory agency in any administrative assistant role. This could include becoming a receptionist, filing clerk, research clerk, or taking other new entrant opportunities. By expressing a desire to become a mediator or arbitrator, good law firms and agencies will support future assignments to work with experienced resolution specialist.

You may also directly approach or apply for a vacancy within a government department or agency. The police, fisheries, various agricultural management agencies, parks and lands, and local shires and councils are good starting places. You should expect a five-year internship before being able to undertake tasks without supervision. I know many young mediators but do not know any arbitrators or workplace dispute negotiators under thirty years of age.

The second pathway is to pursue studies to a minimum Graduate Diploma level within business, commercial or civil law, or human behavioural science, and complete a minimum Certificate level mediation qualification. Having minimum standard mediation qualifications increases your employment opportunities.

Regardless of where you work, you should undertake future study at your own cost and in your own time. Be mindful that employers are reluctant to engage applicants with qualifications from non-government-accredited institutions. Many education providers offer fast-track diplomas, but when scrutinised, they do not meet national standards and cannot be used as credits for further qualifications.

This study route also applies to mature-aged entrants.

Take the Initiative

Do not wait for a law firm or Government agency to advertise a vacancy. Contact them by phone and state, “I want to work with you, who is responsible for employing staff.”

In that first call, be prepared to answer questions about your goals and commitment to future full-time employment.

Follow this up with a letter (not an email) addressed to the Senior Partners or Senior Human Resources manager. You should request employment with the firm, clearly stating your goals, the hours you can work, and your willingness to start ‘anywhere’ to demonstrate your commitment to your journey.

I include a proforma letter in Appendix A. You may wish to use it as an example.

Mature Aged Entrants

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Mature-aged entrants face different challenges than junior entrants. For example, most mature entrants have personal commitments that demand their time and financial resources, limiting their ability to attend training institutions as full-time students. Many are forced to make vocational changes due to changed health or physical limitations. Many women enter the sector after a relationship breakdown, their experience becoming the catalyst to help others.

A workplace accident limited my physical ability and shaped my journey to become a mediator and negotiator.

Sandra’s story:

Sandra was 34 years old when the bank she worked at restructured and unable to relocate to another town, they made her redundant. A single parent with commitments, she was forced to find any work she could. She found menial work as a counter salesperson in a delicatessen.

Frustrated by the bank's severance package, she decided to become a mediator. Sandra started studying online to gain a Diploma in Conflict Resolution. She also asked her mother to assist with the care of her child two evenings a week and volunteered to assist a non-profit community citizens' advice organisation.

One year after being made redundant at the bank and only halfway through her diploma course, she successfully applied for employment as a personal assistant to a lawyer in a small law firm. Nine years later, she qualified as a lawyer and now specialises in workplace mediation disputes. Explaining the fear and pain she felt when dismissed from the bank, she now says it was the best thing that happened to her. Her daughter is now at University studying law.

You can gain considerable skills by offering your services to Citizens Advice Bureaus, Community Law and Legal Centres, Youth Law Centres, organisations like the Red Cross, the RSPCA, and animal welfare organisations, or as honorary rangers to organisations like parks and reserves, environmental and fishery agencies. Working with these organisations will improve your skills and creates future employment opportunities. These entities frequently focus on compliance and social issues, including housing, family disputes, community conflicts, breaches of civil law and local government bylaws. Non-profits often provide services to underserved people, making this a rewarding experience for those who wish to apply their skills in a manner that supports social change. Non-profit settings often foster a collaborative culture, allowing volunteers to work closely with diverse groups and gain insight into various community dynamics.

Most mature-aged entrants already have background skills that equip them to become mediators or negotiators. The keys to success are innovative thinking, a willingness to embark on the journey, and commitment to it. Having a credible association with the industry creates a dynamic that builds confidence and credibility. In my part of the world, some Institutes offer short courses that, once completed, will include you on their 'seeking work' register.

It is essential to upskill. The Australian and New Zealand Institute of Mediation, AIM, the Resolution Institute and New Zealand AMINZ offer memberships and support after completing a short course. For those experiencing forced transitions I recommend you read my Short Book, Why Trouble Comes. Ref: TNS203: This book powerfully explains the purpose of evolution to recreate better outcomes for people. You can download this free of charge from our web site

Crafting a Strong Resume and Cover Letter

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Crafting a compelling resume and cover letter is crucial. A well-organized resume summarises your qualifications and serves as a marketing tool that showcases your skills, experiences and determination to find employment as an ADR specialist.

Start by highlighting your educational background, relevant certifications, and practical experiences such as internships or volunteer work in mediation, negotiation, or conflict resolution. It is essential to emphasize transferable skills. Include specific examples illustrating how you have applied these skills in real-life situations.

Many candidates possess valuable abilities gained from prior work experiences, including strong communication, problem-solving and critical-thinking skills. For instance, if you have experience in project or people management, describe how you successfully mediated conflicts among team members. By providing evidence of your capabilities, you can effectively demonstrate your readiness and commitment to tackle the challenges faced as an ADR practitioner.

Philips Story

Philip completed Year 12 schooling, but failing to gain placement at university, he went to TAFE (Polytech) and enrolled in a social science course, hoping to later gain placement to study psychology. Struggling financially, he successfully applied for work as a junior (complaints) file processor with Fair Trading, a government regulatory agency. The qualifications that gave him an advantage over other applicants were not his academic ability. Instead, he had been captain of the school football team, a school prefect, volunteered with Clean Waterways on Saturdays to collect plastic and rubbish out of rivers and estuaries, and was able to explain the principles of civil justice having read my book, 'When They Do Wrong, Understanding The Law of Tort' before the interview.

Five years later, Philip became the agency's complaints mediation team leader, earning more than $140,000 p.a.

When writing your resume and cover letter, you should search for and read all online information about the vacancy and state your skills specific to the advertised job.

Ensure your resume conforms with the latest A.I. conformity codes (Google search, Curriculum Vitae Conformity Code). If you submit the application online, always back it up with a posted hard copy, even if they say not to!

Preparing for an employment Interview

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To improve your prospects and stand out from other applicants, research the organization's values, mission, and the specific qualifications they seek in candidates. This information allows you to personalize your application, demonstrating your genuine interest in the role and understanding of how you can contribute to the organization's success.

Common Interview Questions

Employers want to know more about you than your qualifications. Do not be opaque; allow the interviewer (or panel) to see who you are, what you stand for, what you believe, and how you express yourself, demonstrating the higher qualities of integrity, attentiveness, and sincerity. Measure your responses, answer questions clearly and precisely, and to demonstrate attentiveness, ask the interviewer to clarify or repeat one or two questions.

Common Questions

A common question is, "Can you describe a mediated or negotiated experience?" This question allows you to demonstrate familiarity with real-world scenarios. If you have them, you should be prepared to share specific examples highlighting your problem-solving skills and ability to facilitate discussions.

Most people have not been previously employed in the sector, which challenges their ability to respond honestly. Don't make it up. Be honest. The answer should sound like this: "I intend to become a skilled mediator and negotiator using the skills I already have. Every day, I negotiate with staff and clients in my workplace, at home with our family.” Then give an example.

An aggressive interviewer may say," We don't think you are skilled for this position."

This statement assesses emotional intelligence and conflict management strategies. Interviewers are looking for insights into how candidates maintain composure and neutrality under pressure. Do not become unsettled but being forearmed be ready to answer difficult questions.

Appeal to the interviewer's ego by implying they are more experienced than you are and that you will be looking to them to help you learn and develop higher levels of competency. Then, explain how the use of de-escalation strategies, such as asking questions, active listening or reframing issues can find common ground. Providing any accounts of past experiences can illustrate this skill effectively and help candidates stand out as strong contenders.

Other question are:

"How do you handle high-conflict situations?" This question asks how you would respond under pressure.

"How do you ensure fairness in the mediation process?" This question highlights the importance of integrity and impartiality in the role of an ADR specialist.

"Can you provide an example of a successful collaboration with other professionals?" This question reflects the collaborative nature of ADR, where specialists often work alongside lawyers, business leaders, mental health professionals and other specialists.

In Philip's example, the young student seeking his first employment opportunity used his role as sports team captain to convince the interviewer to give him employment.

Google the above questions, you will be surprised what the answers are!

Candidates should be ready to discuss their ADR motivations and aspirations, being asked, "What drew you to pursue a career in Alternative Dispute Resolution?" This question allows candidates to convey their passion for resolving conflicts and their vision for contributing to the field. Sharing personal stories or experiences that inspired their career path can resonate with interviewers, illustrating candidates' commitment to making a positive impact. Understanding the nuances of these common interview questions will equip aspiring ADR specialists with the confidence to articulate their qualifications and fit for the role effectively.

Following Up After the Interview

Before you leave an interview, always ask for the interviewer's contact details. Follow up immediately after an interview with expressions of thanks. Doing this reinforces your interest in the position, allows you to express gratitude, and highlights your motivation. It can significantly impact the impression you leave on the interviewers, making it a worthwhile investment of their time and effort.

The future of ADR’s as a Career

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The future of Alternative Dispute Resolution (ADR) is experiencing substantial growth and diversification into fields not traditionally seen as conflict prone as societal, technological, and legal expectations evolve. With increased focus on efficiency, cost-effectiveness, and access to justice, ADR methods, particularly mediation and arbitration, are gaining mainstream acceptance. Courts, government legislators, and the legal fraternity now acknowledge the role of ADR practitioners, creating a promising opportunity for younger people looking for a rewarding long-term career.

if you are not willing to risk the unusual you will have to settle for the ordinary

Jim Rohn

The acceptance of technological advancements is transforming the way we interact and communicate. Prior to the COVID-19 Pandemic, less than 50% of ADR interaction was done online. Today, that has increased to over 80% and is expected to increase further. A.I. technologies assist in making legal opinions and demonstrating shifts that not only broaden the scope of potential practice areas but also offer greater flexibility in work arrangements, appealing to those seeking a fulfilling career that accommodates their lifestyle.

Emerging ADR specialists will find opportunities in sectors such as international business, immigration, and human rights, where conflicts often cross-national borders. Developing expertise in international law and cultural competence will be crucial for those looking to make an impact in these areas.

Courts are increasingly encouraging parties to explore ADR options before resorting to courtroom battles. This trend opens new avenues for ADR specialists, who can serve as mediators or arbitrators in court-annexed programs or private disputes.

In the future, expect to find opportunities within the judicial system, community organizations, and private practice, allowing diverse career paths tailored to individual interests and strengths.

Educational institutions are responding by offering specialized programs and certifications that equip aspiring specialists with the necessary skills and knowledge. These programs emphasize the theoretical aspects of dispute resolution and practical experience through simulations and real-world case studies. Pursuing appropriate educational opportunities will be pivotal for students and midlife career changers in establishing credibility and expertise in a field that values knowledge and experience.

Finally, the importance of ethics and integrity in ADR cannot be overstated. Maintaining high ethical standards will be paramount as the field grows and adapts.

Emerging trends often bring new challenges regarding confidentiality, impartiality, and fairness. Aspiring ADR specialists should be well-versed in ethical guidelines and best practices to uphold the profession's integrity. This commitment to ethical practice will enhance their credibility and foster trust among clients and peers, which is essential for a successful career in alternative dispute resolution.

Summary

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Before the COVID-19 Pandemic, dispute resolution practices were almost the exclusive domain of legal practitioners who, consistent with their skills, considered client representation from a formal, legal position incurring significant costs, some charging up to $10,000 a day.

The COVID-19 Pandemic caused significant disruption, with a substantial increase in the demand for resolution specialists overwhelming traditional resolution practitioners. ADR practitioners successfully filled this void, legitimising their role as problem solvers.

Courts now acknowledge the role ADR plays in mediating and negotiating conflicts, referring most low-value disputes, almost all family and relationship disputes, and claims for reparations to mediators and negotiators. Registration requirements vary between countries and jurisdictions. You must be registered to practice in Australia, but no registration is required in New Zealand. Each state in the U.S. and Canada has specific rules for practice, some requiring licensing and minimum educational requirements, while others impose no rules. Practitioners who want to receive court-referred cases must be listed on an approved court roster, which involves meeting training and experience criteria. Aspiring mediators must research and understand the specific requirements in the states or courts where they plan to practice.

Mediators who work exclusively in private practice without court referrals generally have more flexibility in terms of qualifications, though potential clients still highly value training and experience.

This is a great time to enter the industry, as future practitioners will be required to have law-based qualifications and meet minimum registration conditions. Current practitioners can become licensed but must undertake compliance and ongoing professional development training.

There has never been a greater opportunity to enter a professional field of employment closely aligned with legal practices. It requires high discipline, integrity, and outstanding communication skills. For those committed to the journey, it can generate significant personal income and a high public standing Through our "The Negotiator' Code Red Master Class," we offer prospective entrants and those wishing to upskill a free thirty-minute online consultation.

Our mentoring program has twelve modules and includes.

Personality and skills evaluation (we assess your strengths and weaknesses)
Creating opportunity (we write employment letters and C.V.s)
Choosing the path that leads home (discovering where you would best fit into the ADR spectrum.)
Designing an educational pathway to employment (this is specific to your goals and the country you live in. We do not cover large parts of Africa, the Middle East, and many non-English speaking countries.)\\

Users of this service can engage on a module-by-module basis which includes opt in and opt out options.

To review this program, refer to our THE NEGØTIATØR, CØDE RED Master Class Training and education programs.

johnthomson.com.au

Appendix : Writing a C.V.

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A CV is a detailed and comprehensive account of your credentials, expertise, and accomplishments. It summarizes your qualifications and professional journey.

Common Sections in a CV:

Contact Information: Name, address, phone number, email.
Professional Summary/Objective (Optional): A brief overview of your skills and experience.
Degrees, certifications, and relevant coursework.
Work history, including job titles, responsibilities, and accomplishments.
List relevant technical and soft skills.
Publications and Presentations: List any publications, presentations, or research projects.
Awards and Honors: List any awards, honours, or recognitions.
Professional Training: List any relevant training or workshops attended.
References (Optional): Include names and contact information of individuals who can provide references.

Formatting Tips:

Use a clear and professional font: Times New Roman, Arial, or Calibri are good choices.

Use consistent formatting: Maintain consistent font sizes, spacing, and headings throughout the document.

Use bullet points to highlight information: This makes it easier for readers to scan and find key information.

Be clear and concise: Use clear and concise language, and avoid jargon or overly technical terms.

Proofread carefully: Check for any spelling or grammatical errors before submitting your CV.

Tailor your CV to the specific job or application: Highlight the skills and experience that are most relevant to the position.

Consider using a reverse-chronological format: List your most recent experiences first.

Use a standard citation format for publications: Ensure that all publications and presentations are cited correctly.

Note: We provide a professional C.V. writing service. For more information go to our website: www.johnthomson.com.au/services

if you can beleive, anything is possible

Jesus Christ

A Greater Lesson

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In E Book Format

We recommend you purchase this book on Amazon

or as an ’E’Book from our web site.

www.johnthomson.com.au.

‘E’book price: AU $29.95

The Art Of Strategic Negotiation is compelling reading.

Each chapter succinctly guides the reader through strategic keys and concludes with a check list all practitioners should inherently understand.

Reading the play, surrendering the small stuff to gain advantage, setting the trap, hard bargaining and what to do when they say ‘no’ are all skills required to negotiate strategically.

The Art Of Strategic Negotiation is a comprehensive guide and compelling reading for all practitioners required to negotiate terms and conditions of settlement. Whether they are salespeople, contract negotiators, dispute resolution specialists and family relationship mediators, The Art Of Strategic Negotiation guides the reader through a step-by-step process that will advantage their abilities and skills, and for salespeople, increase revenues.

About John Thomson

John Thomson is an keynote, session and plenary speaker, authour and mediation and negotiator lecturer and teacher. A successful practitioner since 1985 John is Senior Partner at N.Z. Mediation Services and consultant mediation and arbitrator at John Thomson Consulting (Aust). He has personally closed over 3,000 contracts across a wide range of property, business and proprietary sectors and has a 94% closure rate in mediation. A frequent flyer between Australia and New Zealand John manages and advises a professional team of qualified mediators, negotiators and arbitrators in both countries.

Lesson notes from THE NEGOTIATOR, are part of the CODE RED Training Program written and published by John Thomson Consulting. All rights reserved. International copyright and trademark laws cover the contents of this publication John Thomson (John Thomson Consulting: ABN 74325624056.) Students of Social Sciences, Law, Negotiation or Mediation may use material extracted from this note for learning and academic use with reference to John Thomson 2020:5