Mediation Career Guide: Table of Contents

Foreword

Introduction

Chapter 1: At Sea

Part I: Establishing Credibility

Chapter 2: Am I Credible?
Establishing Credibility 4
Confidence in Your Skills 4
How Others Perceive You 5
The Attorney Question: Do I Need To Be One? 6

Part II: Establishing Legitimacy

Chapter 3: Your Office
Identify Your Needs 10
Evaluate Your Options 11
Leased Office 11
Shared Office 12
Virtual Office 13
Home Office 14
Chapter 4: Marketing Collateral
Brand 15
Business Cards 16
Letterhead 18
Envelopes 19
Web Site 19
Qualities of a Professional Web Site 20
Developing a Professional Web Site 22
Postcards 23
Brochures 25

Part III: Web Marketing: Getting Found Online

Chapter 5: Sponsored Search
Search Engines 28
The Search Engine Business 28
Targeted Advertising 29
Sponsored Search versus Natural Search 29
Sponsored Search Platforms 30
Principles of Sponsored Search 31
Pay per Click 31
Bid to List 31
Match Types 31
Plurals and Misspellings 31
Negative Keywords 32
Spending Limits 33
Ad Word Count 33
Geotargeting 33
Search/Content Distribution 34
Sponsored Search Performance Metrics 36
Choosing Your Search Terms 37
Links to the Big Three 38
Additional Support 38
Chapter 6: Portals and Directories
Portals and Directories Defined 39
Limitations of Portals and Directories 39
A Place for Portals and Directories 40
craigslist.org 41

Part IV: Finding Clients through Traditional Marketing

Chapter 7: Traditional Media
Return on Investment 44
Advertising in Traditional Media 45
The Difference between Mediation and Ice Cream 45
Track the Effectiveness of Your Advertising 46
Print Media Advertising 47
Demographics and Psychographics 47
Publication Selection 47
Ad Sales Negotiation 48
Ad Development 48
Ad Placement 49
Radio and Television Advertising 49
Working the Media through Content Provision 51
Yellow Pages 51
Paper Directories 51
Online Directories 52
In Memoriam 52

Part V: Direct and Personal Marketing

Chapter 8: Direct Mail
To Whom? 55
Prequalified Prospects 55
Former Clients 56
Referral Networks 56
How Often? 56
Letters or Postcards? 57
First or Standard? 58
Chapter 9: Email Marketing
When to Use Email Marketing? 61
To Whom? 62
Spam 62
What Makes Good Content? 63
Chapter 10: Personal Referral Marketing
Professional Referral Networks 67
Personal Referral Networks 67
Making Connections 68

Part VI: Setting Fees, Handling Payments, Getting Paid

Chapter 11: Setting Fees
How Much Should I Charge to Maximize Revenue? 71
Local Market Conditions 72
Competitive Analysis 72
Cultural Considerations 73
Demographic and Socioeconomic Landscape 73
Personal Considerations 74
Background and Professional Experience 74
Skills and Self-Confidence 74
Business Expenses 75
Personal Assets and Liabilities 75
Risk Tolerance 76
Aspirations 76
Opportunity Cost 76
Fee Schedules 77
Additional Revenue Sources 78
Chapter 12: Handling Payments
Pride 79
Fees 79
Complexity 80
Chapter 13: Getting Paid
Making Payment Easy 83
Making Nonpayment Difficult 84
When Clients Don’t Pay 84

Part VII: Getting Organized

Chapter 14:
Information Management
The Power of Information 89
Recording Communications 90
Recording Communications with Prospects 91
Recording Communications with Clients 93
Standardized Communications 93
Chapter 15: Smart Technology
Telephone Number 95
Home Number (Landline) 95
Home-Office Number (Landline) 96
Office Number (Landline) 96
Office Number (Mobile) 96
Follow-Me Services 97
Voice-Mail Services 98
Fax Number 98
Legitimacy 98
Receiving Faxes 98
Sending Faxes 99
Computers, Printers, Scanners, and Copiers 99
Software Applications 100
The Open-Source Movement 101
Office Software 101
PDF Software 103
PDF Software 104
Email Software 104
Financial Management Software 105
Miscellaneous Applications 106
Chapter 16: Financial Management
Saving and Running MeRET 109
Introduction to MeRET 110
Five Screens 110
Navigation between Screens 110
Color Coding of Screens 110
The ‘Set Up’ Screen 111
Business Expenses and Tax Deductions 112
Using MeRET to Record Expenses 112
Recording Expenses on the ‘Summary’ Screen 112
Recording Expenses on the ‘Expense Log’ Screen 113
Creating New Expense Categories 113
Using MeRET to Record Receivables 114
Using MeRET to Track Revenue 114
Using MeRET to Track Operating Profit and Taxable Income 114
Taxes and Your Business 116
Chapter 17: Liability and Insurance
Mediation and the Practice of Law 117
Is Mediation the Practice of Law? — Objective Criteria 117
The “Application of Law to the Facts” Test 117
The “Client Reliance” Test 118
The “Affecting Legal Rights” Test 118
The “Commonly Understood” Test 118
The “Attorney-Client Relationship” Test 119
Is Mediation the Practice of Law? — Opinion 119
Ten Techniques for Risk Mitigation 120
Liability Insurance 121
Chapter 18: Entity Selection
Entities for Mediators 124
Sole Proprietorships 125
Other Entities 127

Afterword

Appendix A: Mediator Role Play
Instructions for Mediators 131
Instructions for P1 131
Instructions for P2 132
Appendix B: Negative Keywords
Appendix C: PayPal Electronic Invoice Templates
Invoice for Mediation Session 135
Invoice for In-Person Consultation 136
Invoice for Telephone Consultation 137
Invoice for Drafting Agreement 138
Invoice for Invitation to Other Party 139
Invoice for Cancellation Charge 140
Appendix D: Agreement to Mediate
Agreement to Mediate 141
Rules of Mediation 142
Appendix E: Client Communication Templates
Appointment Confirmation for First Session (no worksheets) 145
Appointment Confirmation for First Session (with worksheets) 145
Subsequent Appointment Confirmation 146
Response to Request for In-Person Consultation 146
Consultation Appointment Confirmation 147
Invitation to Mediation for Potentially Reluctant Party 147
Appendix F: Mediation and Unauthorized Practice of Law
Resolution on Mediation and the Unauthorized Practice of Law 149
Comments 150
Appendix G: The Model Standards of Conduct for Mediators
Preamble 154
Note on Construction 154

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