Forrest Mosten has written what must be the definitive book for those who are considering or might consider a career in mediation.I have known the author since 1970, when he was a law student working part time for me in the foreign student office at UCLA. Even then he was thinking about how he might incorporate his strong social conscience into the practice of law. Ten years later he found his answer when he committed himself to becoming a professional mediator. For Mosten, mediation is more than an efficient means of resolving disputes, it is a way to work as a peacemaker at the person-to-person level. It provides its practitioners who are attorneys with an alternative to the adversarial nature of the legal system, which weighs heavily on many lawyers. Of course it provides the same benefit for clients. He makes his point about mediation as a peace effort dramatically in chapter one, where he states "...don't jump into a growing but still uncertain field like mediation unless you eat, breath and dream about creating peace and resolving conflict and are willing to risk everything to make it happen".
In addition to maintaining a highly successful mediation practice in Los Angeles, Mosten trains future mediators and he has established a nation-wide network of mediation centers. He also is the author of three previous books on mediation.
The author's purpose in writing the book is stated in the first paragraph of the preface, where he says "It was an uphill climb to build my mediation practice. This book is my effort to help you avoid many of the costly mistakes I made along the way".
The book is organized into three parts, each with several chapters, followed by nine appendices. In the first part, "Is Mediation right for You?", he covers the question of what it takes to be a mediator, such as being a good listener, patient, tolerant and neutral, flexible, and empathic, among other traits. In the chapter on "Education and Training", he discusses the question of non-lawyers as mediators. Mosten admits that lawyers have certain advantages, but he lists other fields which often provide a good background, such as therapists, business persons, teachers and clergy. Whether they come from the law or other fields, he states, extensive training in mediation will be required. Here Mosten goes into some depth on this subject which is dear to his heart because he wants "...mediation to be the first stop on the conflict resolution highway", which means having "...enough trained and experienced mediators available to meet this need".
Part Two, "Building Your Career as a Mediator" deals with the creation of a mediation signature, which includes advice on writing vision and mission statements to distinguish your particular practice. He also advocates having a board of directors to help with these tasks and to provide a sounding board along the way which he had earlier described as an informal group of persons whose judgment you trust. (He might more accurately have called them a "board of advisors). Another chapter, "Creating a Mediation-Friendly Environment", gets down to reading materials and arrangement of the reception room. Most important, he introduces the idea of the client library, described as a consumer-friendly collection of books, video tapes and other resources which will help clients learn what they need to help solve their own problems. This concept is related to Mosten's preference for informed client consent, and he reports that his library is well used by his clients.
Part Three is "The Nuts and Bolts of Private Practice", which covers topics such as finding a place to practice, naming your practice, forming strategic partnerships and networks. With respect to networks, he uses his own Mosten Mediation Centers as an illustrative model, in which he has established local mediators around the country as subcontractors. In the chapter entitled "Strategic Planning and Investing in Yourself", he gets very specific about the time and money required to establish a mediation practice, including a breakdown of out -of-pocket costs which add up to $57,000 over a five-year period.
Even though he has stated his desire to see a great increase in the number of practicing mediators, Mosten in no way sugarcoats the obstacles and challenges facing anyone who plans to enter the field. His candor, at times, would almost seem to discourage, but at least anyone who has read the book would enter the field fully warned. More important they will have read a well integrated combination of philosophy and nuts and bolts, each supporting the other.
This is a critical book for those contemplating a career in mediation, it is a useful book for anyone contemplating using the services of a mediator, and it is an interesting book for those who are attracted by the concept of mediation as a force for more peaceful interpersonal relations.
In this definitive guide, Forrest Mosten--an internationally recognized mediation expert--helps would-be mediators answer the critical question "Do I have the values, skills, personality, and commitment necessary to mediate?"
A comprehensive resource, the book also explores a wealth of timely topics including the need to establish standards of the profession, how to maintain confidentiality, the pros and cons of co-mediation, and the place of mediation in the process of court and law reform. Straightforward and reader-friendly, the Mediation Career Guide is filled with practice tips, self-surveys, diagrams, reading resources, a list of training programs and volunteer opportunities, budget forms, and model standards of conduct. This hands-on resource is designed to make the challenging journey of becoming a peacemaker a one-step-at-a-time manageable process.
