Commercial development of mediation

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[edit] The Unknown Mediation

The various approaches of Alternative Dispute Resolution are underused in France.

This ignorance, both present among companies and private individuals, is probably due to a lack of communication.

Actors of mediation are from various origins and their statutes often prevent them from communicating.

Without large-scale information that emphasizes the proven effectiveness of mediation, the development of mediation activity will be penalized.

We are currently experiencing a paradox: on one side the professionalization of mediation and on the other side a lack of control of the market.

We mean by "commercial development": the dissemination of information regarding the various modes of Alternative Dispute Resolution to companies and private individuals.

The supply will never exist without the demand...

[edit] What are the Methods of Information?

For example:

  • The mailings;
  • Conferences and exhibitions;
  • The press and news agencies.

These methods of active canvassing enable both to be identified and diffuse the image of mediation.

Companies do not imagine all the existing ways of conflict resolution, especially mediation.

An effective mailing cannot let them indifferent.

Especially if this mailing complements a regular distribution (by the national and provincial medias) on the extraordinary results of mediation.

If all mediators communicate on their skills and experiences, relayed by a continuous action of information of the Professional Chamber of Mediation and Negotiation, associations and federations... the demand will exist...

[edit] Relationships with Print and Audio-Visual Medias

  • Press releases on the conferences, debates, meetings of the mediator...
  • The particularly positive results of mediation are especially highlighted by the mediators but in an individual manner.
  • The publication of an assessment document that would summarize common data and would be issued through the press or Internet would contribute to the dissemination of the quality image of mediation.

[edit] Relations with Related Professions

[edit] ... with the Regulated Professions

  • Lawyers
  • Notaries
  • Experts
  • judicial expert
  • chartered accountant

[edit] ... with the Judges and Magistrates

  • Magistrate Court
  • Commercial Court
  • Labor Court
  • ...

[edit] ... with the Health Professions

  • Doctors
  • Pharmacies
  • Sports centers
  • Hospitals
  • ...

[edit] Relations with Public Authorities

  • To meet elected people
  • To interpellate the Ministers

[edit] Prospecting Companies

Getting closer with all these partners is essential, but the first concerned partners should not been forgotten: the mediator's clients.

The impartiality and neutrality of the mediator are essential, in the same time, the clients of the mediator look for solutions and efficiency in the management of their conflicts.

The results of mediation and its quickness of implementation are undeniable assets for the company.

A good relational quality linked with a good network of prescribers enable a mediator to intervene on many cases.

But the mediator must go further:

  • To prospect the economic fabric in his place (city, region...).
  • To meet the main protagonists of the business sector.

Indeed, they will be the future clients of the mediator.

Direct contacts are the most effective for the canvassing of affairs and also to promote an active dissemination of information regarding the existence of mediation.

This information on the effectiveness of mediation but also all modes of Alternative Dispute Resolution, conveyed by each mediator, is essential and even strategic for certain companies.

[edit] The Establishment of a Mediation Structure in a new Place

To set up a mediation business or any other activity in a new place requires a particular process.

The name of the company and its activities are not known.

Before initiating a direct canvassing, the mediator must first spread the name of his company and the activities that will be implemented.

A mailing for example sent to potential clients will help the mediator to be more easily identified.

The mediator must also participate to exhibitions, conferences and be present in the press... as described above. The mediator's company will therefore pass from the unknown to the known.

[edit] Follow-up Contacts

To follow-up the contacts established during the various meetings that the mediator has attended is imperative: it enables everyone to remember of the other.

Moreover, the follow-ups can take the form of a mail type "Prospect Letter":

  • We have met during...
  • You are...
  • You have mentioned...
  • I am...
  • Specialist in the following areas...
  • We can meet at...

The follow-ups can also be made by phone.

The objective is to meet again and consider a partnership because "you and me, we are complementary".

This may look like very commercial in the world of amicable settlement of conflicts, but the mediators must position themselves as an asset and essential ingredient of conflicts management.

A mediator must make himself known and therefore have a commercial approach: he must know how to sell his services and thus show the mediation's benefits.

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