The Perseverance Paradox: Why You Should Never Give Up on Marketing Your Mediation Practice, No Matter the Results

In the fast-paced world of business, it's easy to get discouraged when your marketing efforts don't yield immediate, stellar results. It's tempting to throw in the towel and consider cutting back on marketing expenditures and efforts. However, that could be a costly mistake. Here's why it's crucial to never give up on marketing, regardless of the initial outcomes.

Building Brand Awareness Takes Time: Marketing your practice isn't just about getting a new client today; it's about creating a lasting presence in the minds of your potential clients. Consistent marketing efforts, even if they don't lead to an immediate influx of customers, help build brand awareness. Over time, people will start recognizing your name and associating it with your practice. When they're ready to make a purchase, your brand will be the one they think of first.

Your Brand awareness is the extent to which clients and prospective clients are familiar with the distinctive qualities or image of your practice and its services. Find the mediums your prospective clients prefer and communicate your brand message regularly and persistently.

“…branding is your fundamental  promise of whom you serve, how you make them feel and what’s different about how you deliver. Marketing is how you get this message out there once you have defined it” TWIST: How Fresh Perspectives Build Breakthrough Brands by Julie Cottineau

Fostering Trust and Credibility: Trust is a precious commodity in any business, but that’s especially true for attorneys, mediators, and arbitrators.  Consistent marketing demonstrates your commitment to your audience and your industry. Even if your initial marketing efforts don't bring in hordes of clients, they do show that you're here to stay. Trust is built over time, and maintaining your marketing efforts is a way to signal your reliability.

Trust is the cornerstone of business.  It’s the basis of every human relationship, every interaction, every communication, every initiative, every work project and even any strategic imperative you need to accomplish.  The best way to build trust with prospective clients is build relationships.  This why networking is so key to building a practice.

“Trust isn’t what we do; it is what results from what we do.”  Richard Fagerlin

Adapting and Learning: Marketing is not a one-size-fits-all endeavor. When you persist in your marketing efforts, you give yourself the opportunity to learn from what works and what doesn't. Every practice development activity provides valuable data and insights. By continually refining your strategies based on these insights, you can gradually improve your marketing ROI (Return on Investment).

Read business and marketing books, listen to business and marketing podcasts, watch business and marketing videos, take business and marketing courses – never stop learning, adapting, and listening to what your clients and prospective clients need from you.

“One learns from books and example only that certain things can be done. Actual learning requires that you do those things.” — Frank Herbert

Staying Ahead of the Competition: In the resolution industries, your competitors are also investing in marketing. If you decide to scale back or stop altogether, you risk falling behind. Consistent marketing helps you maintain a competitive edge. When others reduce their efforts, your brand remains visible, potentially allowing you to capture a larger market share.

Do a quick competitor analysis.  A quick search on LinkedIn or Google will let you see your actual or perceived competition.  You’ll be able to see their branding, their marketing messages, their target markets, their geographical markers, their pricing, and their market position.  Take notes, then capitalize on what makes your practice different and better.

“Do not overestimate the competition and underestimate yourself. You are better than you think.”

— Tim Ferriss

Embracing the Long Game: Marketing is not a sprint; it's a marathon. Sometimes, it takes time for your efforts to bear fruit. By committing to the long game and persisting through initial challenges, you position yourself for success in the future. Patience and perseverance are often rewarded in the world of marketing.

Create a year-at-a-glance calendar on a spreadsheet and note what and when you’ll be creating and delivery on all your marketing tasks.  Your spreadsheet should include attending events for networking, posting on social media, speaking publicly, releasing articles, offering trainings, updating  your website, sending email campaigns, recording videos or podcasts, etc.  This will be your map.  Once you’ve got the big picture, you can start creating the task lists for each event. 

Patience and persistence are the keys... The keys to unlock doors of success... With these two virtues, you grow in reasoning and experience. ~ Ogwo David Emenike

Adapting to Changing Markets: Industries evolve, consumer behaviors change, and new trends emerge.  Some examples are the necessary adoption of online mediation and arbitration, the use of podcasts and video, and the expectation of our clients to be present on social media. If you give up on marketing, you risk missing out on these shifts and opportunities. Consistent marketing allows you to adapt to changing market conditions and capitalize on new avenues for growth.

“I can't change the direction of the wind, but I can adjust my sails to always reach my destination.” -Jimmy Dean

Marketing your practice is a journey filled with twists and turns. While it's natural to feel discouraged by slow or seemingly lackluster results, giving up on marketing prematurely can be detrimental to your business. By persevering through challenges, you can build brand awareness, foster trust, adapt and learn, stay ahead of the competition, and position yourself for long-term success. So, keep those marketing efforts alive and remember that sometimes the greatest rewards come to those who stay the course.  And very importantly, once you’ve attained marketing success – don’t stop there.  Keep going.  If you stop your practice development activities assuming that ‘you’ve made it’, you’ll soon see a drop in cases.  Don’t stop at success.  Keep going.  Keep going.  Keep going.

How to Create Engaging FAQ Videos for Your Mediation or Arbitration Practice

Videos are an excellent way to connect with both current clients and potential clients in the mediation and arbitration field. According to recent studies, people spend nearly one-third of their time online watching videos. Moreover, over half a billion people watch videos on platforms like Facebook every day. For mediators and arbitrators, FAQ videos are particularly powerful because they address the specific questions and concerns that clients and leads typically have. By directly answering these questions, you build trust and demonstrate your expertise.

So, how can you create effective FAQ videos that resonate with your audience and help convert leads into clients? Here’s a simple guide tailored specifically for professionals in mediation and arbitration.

Option 1: Hire a Professional Crew

You could choose to outsource the entire process by hiring a professional film crew. They can handle everything from setting up the lighting to shooting and editing the footage. This is a great option if you prefer a polished, high-quality video. Many mediation and arbitration professionals opt for this approach to ensure their videos reflect the seriousness and professionalism of their practice.

However, this level of production is not necessary for success. Many clients appreciate a more personal, authentic approach, which brings us to the second option.

Option 2: DIY – Create Your Own FAQ Videos in Three Simple Steps

If you’d rather create the videos yourself, you can do so easily with just a few basic tools and a bit of preparation. Here’s how:

1. Gather Your Equipment

For equipment, all you really need is your smartphone. Today’s smartphones have excellent video capabilities, and a simple, authentic video can go a long way in building rapport with your audience. The informal nature of a selfie video, even with its occasional imperfections, can make you appear more approachable and genuine—qualities that are incredibly important in mediation and arbitration.

However, if you want to take it up a notch, consider purchasing a smartphone tripod and a clip-on microphone. These inexpensive tools can improve the stability and sound quality of your videos, giving them a slightly more professional touch without losing that personal feel.

2. Press ‘Record’

It’s as simple as pressing record! Before you start, think of one or two common questions your clients ask. For example, “What should I expect during my first mediation session?” or “How does arbitration differ from going to court?”

We recommend speaking off-the-cuff rather than scripting your answers. Scripting can make you seem stiff and less relatable. Instead, imagine that a potential client has just asked you the question, and respond naturally, as you would in a face-to-face conversation. Don’t worry about making mistakes or having to do multiple takes—these videos should feel real and down-to-earth. Aim for videos that are 30 seconds to two minutes long.

3. Edit (or Don’t)

Once you’ve finished filming, you can upload the video directly to your website, YouTube channel, or social media platforms. There’s no need to edit the video unless you really want to. If you do feel like adding some graphics or text overlays, you can use a free video editing app like iMovie (for Apple users) or InShot (for both Android and Apple users).

Remember, the simplicity of your video is often what makes it effective. The goal is to connect with your audience and answer their questions in a way that builds trust and demonstrates your expertise.

Examples of FAQ Topics for Mediators and Arbitrators:

• Mediation FAQ Video Topics:

• “How do I prepare for my first mediation session?”

• “What happens if we can’t reach an agreement during mediation?”

• “How long does a typical mediation session last?”

• “Is mediation confidential?”

• Arbitration FAQ Video Topics:

• “What is the role of an arbitrator?”

• “How is arbitration different from a court trial?”

• “What should I bring to an arbitration hearing?”

• “Can arbitration decisions be appealed?”

Conclusion: Keep It Simple and Authentic

Whether you choose to film these videos yourself or hire a professional team, the key to successful FAQ videos is authenticity. Your clients want to see the real you—someone who is knowledgeable, approachable, and ready to help them through their mediation or arbitration process.

If this sounds overwhelming, remember that help is available. Should you prefer a more polished, professional video, consider reaching out to a service provider who can handle the filming and editing for you. In just a few hours, you can create a suite of FAQ videos that will serve your clients and grow your practice for years to come.

How Mediators Can Utilize Video Content For Practice Development

In today's digital era, video marketing is taking center stage in many businesses’ marketing strategies, and mediation should be no exception. Today’s video discusses the rise of video marketing and its significance in promoting your mediation practice, as well as how to create and record quality videos.  Stay to end of the video to learn what equipment, apps, and platforms I use.

The Rise of Video Marketing

In today's fast-paced and highly visual digital era, video marketing has become a powerful tool that businesses across various industries are leveraging to effectively communicate their brand and offerings. Mediation, as a profession, can greatly benefit from the rise of video marketing. Videos offer a dynamic and engaging medium to showcase the mediation process, share client testimonials, and create compelling content that resonates with potential clients. So let’s explore the growing importance of video marketing and its significance in promoting and enhancing the visibility of your mediation practice.

One of the key advantages of video marketing is its ability to captivate and connect with audiences on an emotional level. Videos have the power to convey your mediation practice's essence, values, and unique selling proposition in a way that text or static images may struggle to achieve. By utilizing visual and auditory elements, such as visuals, music, voiceovers, and storytelling techniques, videos can create an immersive experience that leaves a lasting impression on viewers. Whether it's a promotional video showcasing the benefits of mediation or a client testimonial video highlighting successful outcomes, videos allow you to communicate your brand's personality, build trust, and evoke emotions that resonate with your target audience. 

Videos offer a versatile platform for showcasing the mediation process itself. You can create educational videos that explain various mediation techniques, walk through the steps involved in a mediation session, or provide insights into the benefits of mediation for different types of conflicts. These videos not only educate and inform potential clients but also position you as an authority and expert in the field. By demonstrating your expertise and showcasing your mediation skills, videos help establish credibility and build confidence in your practice, increasing the likelihood of attracting potential clients who are seeking reliable and experienced mediators.

Client testimonials are another powerful way to leverage video marketing in the mediation profession. Videos featuring satisfied clients sharing their positive experiences and successful outcomes can have a profound impact on prospective clients. Testimonial videos create social proof, validating the effectiveness of your mediation services and instilling confidence in potential clients. These videos humanize the mediation process and allow viewers to relate to the experiences and outcomes shared by previous clients, fostering trust and reinforcing your reputation as a trusted mediator.

Video marketing offers numerous distribution channels and platforms to reach a wider audience. With the prevalence of social media platforms, such as YouTube, Facebook, Instagram, and LinkedIn, video content can be easily shared, liked, commented on, and maybe, even go viral, significantly amplifying your reach and brand visibility. Additionally, video content can be embedded on your website, shared via email newsletters, or utilized in online advertising campaigns to target specific demographics or geographic regions. The accessibility and shareability of videos enable you to connect with potential clients who may not have otherwise been reached through traditional marketing efforts.

While the concept of video marketing may seem daunting to some, this section provides practical guidance on how to create compelling and effective videos for your mediation practice. It covers aspects such as video production techniques, storytelling strategies, scriptwriting tips, and editing tools. It also emphasizes the importance of maintaining professionalism and authenticity in your videos, ensuring that they align with your brand identity and resonate with your target audience.

Video marketing has emerged as a powerful tool in today's digital landscape, and mediation professionals should embrace its potential. By effectively utilizing video marketing, mediators can create engaging and memorable content, establish credibility, and expand their reach to attract potential clients who are seeking effective and trustworthy mediation services.

So How Do You Create High-Quality Videos

Creating high-quality videos is not just about having the best camera equipment. It involves outlining and scripting, presenting, editing, and promoting the videos effectively. So here are some practical tips for creating high-quality videos that resonate with your audience, even on a limited budget.

Tips for Creating High-Quality Videos

Plan and loosely script your videos: Before hitting the record button, invest time in planning and loosely scripting your videos. Clearly define your video's purpose, message, and target audience. Outline the key points you want to cover and craft a compelling script that effectively communicates your ideas. Structuring your videos in a logical and organized manner will enhance the clarity and coherence of your message.

Pay attention to lighting and sound: Lighting and sound quality greatly impact the overall video quality. Natural lighting is ideal whenever possible, but if shooting indoors, ensure that the lighting is even and consistent. Avoid harsh shadows or overly bright spots. Consider investing in affordable lighting equipment or using reflectors to achieve optimal lighting conditions. Similarly, pay attention to audio quality by using a good-quality microphone to ensure clear and crisp sound. Minimize background noise and test the audio levels before recording.

Choose appropriate filming locations: Select appropriate filming locations that are visually appealing and relevant to the content of your video. Consider the background and ensure it is free from distractions or clutter. A clean, well-organized background will help maintain viewer focus on the main subject of the video.

Practice and rehearse: Practice and rehearse your presentation before recording. This will help you feel more confident, appear more natural on camera, and deliver your message effectively. Pay attention to your body language, tone of voice, and facial expressions. Rehearsing will also help you identify areas where improvements can be made, ensuring a smoother recording process.

Edit for clarity and conciseness: Editing plays a crucial role in creating high-quality videos. Trim any unnecessary footage, remove mistakes or pauses, and ensure a smooth flow of content. Keep your videos concise and focused, as attention spans are generally shorter in the digital age. Consider adding captions or subtitles to make your videos more accessible and engaging.

Maintain professionalism and authenticity: While creating high-quality videos, it is essential to maintain professionalism and authenticity. Be yourself and let your personality shine through. Speak clearly, with confidence, and in a conversational tone. Authenticity helps build trust with your audience, making your videos more relatable and engaging.

Promote your videos strategically: Creating high-quality videos is only half the battle. Promoting your videos effectively is equally important. Consider utilizing social media platforms, your website, or email newsletters to share and promote your videos. Engage with your audience by responding to comments and encouraging them to share your videos with others. Collaboration with other professionals, guest appearances on relevant podcasts, or leveraging partnerships can also help expand the reach of your videos.

Embrace creativity within your budget: While professional video production equipment can be costly, it is possible to create high-quality videos even on a limited budget. Explore affordable or free video editing software, utilize smartphone cameras with good video capabilities, and experiment with creative solutions to enhance the visual and production quality of your videos. Focus on delivering valuable content and engaging storytelling, as these elements can greatly compensate for any technical limitations.

And now, as promised, let me tell you what equipment, apps, and platforms I use.

I use my laptop, not my phone or ipad.  On my PC there is a free app called ClipChamp.  This is the editing software that I use for myself and my clients.  For lighting I use an all-in-one camera/microphone/light that I bought on Amazon for less than $30.  It’s called MOVO and mounts to the screen on top of my PC.  To record videos you can use ClipChamp, Zoom, Canva, Restream or any of the hundreds of other video recording platforms.  If I’m live, I use LinkedIn Live (just activiate the Creator Mode on your profile and you can too).  To go live on LinkedIn, you’ll a need a 3rd party restreaming app.  For this service, I pay for a subscription on Restream.io.  It lets me record my videos or, go live on to more than 30 different social media channels.  I can also create the backgrounds, chyrons, titles, subtitles, and schedule the release of uploaded videos.  To go live on YouTube, I can just use my YouTube channel software.  The same is true for Twitter. To create thumbnails or graphics, I use Canva.com.

To wrap up, creating high-quality videos for your mediation practice involves careful planning, scripting, presenting, editing, and strategic promotion. By following these practical tips, even with limited resources or a modest budget, you can create videos that resonate with your audience, effectively communicate your message, and enhance the overall quality and impact of your video content while getting the word out about you, your practice, your brand, and your authentic passion for what you do.

How the Right Content Strategy Can Help You Raise Your Rates as a Mediator or Arbitrator

Are you finding it difficult to charge what your expertise deserves? Raising your rates can be challenging, especially in uncertain economic times. As mediators and arbitrators, you might feel hesitant to increase your fees, worrying that it could be seen as insensitive or that it might drive potential clients away. However, it's important to recognize that you deserve fair compensation for your valuable work. Ensuring that you can charge a reasonable rate is not only essential for your livelihood but also for the long-term sustainability of your practice.

So, how can you confidently raise your rates? The answer lies in leveraging a strong content strategy. Content is a powerful tool that can influence many aspects of your practice, including your pricing. By positioning yourself as an expert and thought leader in mediation or arbitration through high-quality content, you can justify higher rates and attract clients who value your expertise. 

And of course, before your raise your rates, it’s always a good idea to little pricing analysis of mediators and arbitrators in your geographical area and or your area of expertise.  The market research will give you a good idea of the market rates so that you can feel comfortable with the raise you give yourself.

The Power of Content in Building Your Reputation

When it comes to setting your rates, perception plays a crucial role. If you are seen as an expert in your field, clients are more likely to trust your services and be willing to pay a premium for them. Content is a key factor in shaping this perception. By consistently producing educational and relevant content, you position yourself as the go-to professional in your area of mediation or arbitration.

Consider this: When potential clients find answers to their questions on your blog, website, or social media, they begin to see you as a trusted authority. For example, if your blog regularly addresses topics like "How to Prepare for a Successful Mediation" or "The Key Differences Between Mediation and Arbitration," potential clients will appreciate the insights you provide and will be more inclined to hire you when they need these services.

Creating the Right Kind of Content

The content you create doesn’t need to be overly complex or in-depth to be effective. Remember, your audience is likely not familiar with the intricacies of mediation or arbitration—they’re looking for clear, concise, and useful information. Focus on addressing the common questions and concerns your clients have.

Example Content Topics:

• Blog Post: “5 Essential Tips for Preparing for Mediation”

• Video: “What to Expect During an Arbitration Hearing”

• Social Media Post: “Mediation vs. Arbitration: Which is Right for You?”

• Podcast Episode: “The Benefits of Mediation in Family Disputes”

By focusing on practical, client-oriented content, you build your reputation as a knowledgeable and approachable expert. This increased visibility and credibility will make it easier for you to raise your rates, as clients will see the value in your services and be more willing to pay for your expertise.

How Content Can Lead to Higher Demand (and Higher Rates)

I’ve seen firsthand how a well-crafted content strategy can lead to an increase in client demand. Mediators and arbitrators who consistently share valuable content report that new clients come to their consultations more prepared and more excited to work with them. These clients have often engaged with the professional’s content online and already see them as the best choice for their dispute resolution needs.

As your content draws more clients to your practice, your services will naturally become more in demand. And as we all know, higher demand often justifies higher prices. When clients perceive you as a top expert in your field, they expect your rates to reflect that level of expertise.

Implementing a Rate Increase Strategy

When you're ready to raise your rates, consider implementing an annual or semiannual rate increase. This approach not only keeps your fees in line with market trends but also motivates you to continue producing high-quality content and delivering excellent service.

Regularly scheduled rate increases give you the confidence that your pricing reflects the value you provide. Moreover, as you continue to share targeted, high-quality content, your clients and prospects will be less likely to resist the increase. In fact, they may even see it as a sign of your continued growth and success as a mediator or arbitrator.

The Synergy Between Content and Pricing

Raising your rates and maintaining a strong content strategy go hand in hand. As you increase your rates, your content continues to reinforce your reputation as a top-tier professional. Clients often expect that the best mediators and arbitrators will charge more for their services, and they may even become wary if your rates seem too low for the level of expertise you offer.

We’ve seen solo mediators and small arbitration practices successfully charge rates across a wide spectrum, from modest fees to premium prices. You don’t need to be at the top of that spectrum to succeed, but you should charge rates that reflect your experience and the quality of service you provide. Don’t undersell yourself or be swayed by the notion that only large firms can charge higher fees. With the right content strategy, you can command the rates you deserve.

Invest in Your Content, Invest in Your Practice

The right content strategy is not just about marketing—it’s about building your brand, enhancing your reputation, and positioning yourself to charge rates that reflect your true worth. By consistently producing valuable content that educates and engages your audience, you can elevate your practice and confidently raise your rates.

If you’re ready to develop a content strategy that supports your goals and helps you grow your mediation or arbitration practice, we’re here to help. Contact us today to learn more about how we can work together to build the perfect content strategy for your needs.

how mediators can take advantage of the QR CODE REVIVAL

In hindsight, they were just a few decades too early. Seeing one in the 2010s was like a strange encounter. And when we did see them, they were considered to have value just above graffiti.  Those who didn’t know how to use them just thought they ugly, and those who did know how to use didn’t have audience support.  It was like being the first person to have a fax machine .. no one else appreciated your tech.  YET

In the span of a decade, QR codes have transformed from something no one understood to something that allowed so many kinds of businesses to survive a pandemic to a Super Bowl advertising star and now back on the table as a viable (and even necessary) marketing tool.

Welcome back, QR codes!

WHAT ARE QR CODES?

In the beginning while most people were busy strong-arming these elusive boxes, they did serve their purpose. QR – which stands for “quick response” – is a type of technology that allows someone to access information by taking a photo of a unique code. The user is then directed to click on a website on their device where they’ll find the information that was advertised.

This wasn’t always such a seamless process, but with advances in smartphone technology, it’s now as simple as point and click. That sounds great, doesn’t it?! Contrary to when QR codes first launched, it’s now part of our everyday psyche to use our phones to get any additional information that we need.

We used our smartphones even more when we had to stay home for a while.

It’s true, QR codes aren’t pretty. They look like they belong on an tech manual, not on a classy post or business card. I get it.  I spend dozens of hours each week making visually appealing posts for my client, but there’s only so much I can do with a barcode.

Because nearly everyone has a smartphone, this kind of convenience is a benefit to the client. It adds to their experience rather than causing friction.

Doctor offices now use them to schedule appointments. Grocery stores use them for coupons. QR codes can also be used in directing people to a podcast or webinar. I recently received wedding invitations with a QR code to direct guests to the wedding website, where they can RSVP and find information on the venue, hotel options, and the registry.

We’re seeing QR codes stick around and you might want to use them too!  As it turns out, QR codes were cool.

So what if QR codes aren’t beautiful?  They’re perfectly poised to solve a future problem.

THE NEW URL

With the rise of video consumption on the internet, QR codes offer a dynamic way to access more information from an video. Rather than seeing a URL or link on an ad, we may start seeing more QR codes used in their place.

So ….

How to create a QR code and direct people to a website, document, or other media

Creating a QR code is a relatively straightforward process, and it can be done on a computer or on your smartphone. Here's how it's done.

How to create a QR code with QR Code Generator

There are many QR code generators to choose from.

1. On your Google Chrome web browser,  open any website, right click your mouse and choose the opton “Create A QR Code”.

2. Download the code

3. Then just paste the image into any document or post as you normally would any image.

How to create a QR code on Android with Google Chrome

1. On the Google Chrome app, navigate to the website you want to create a QR code for.

2. Tap the more icon – the three vertical dots – in the top right corner.

Click this icon in the top right corner to reveal a dropdown menu. 

3. Tap Share in the drop-down menu. 

4. Tap QR Code.

Tap "QR Code." 

5. Beneath the QR code on the next screen, tap Download to save the QR code to your device.

Tap "Download" to save the QR code on your device. Stefan Ionescu/Insider

6. Once downloaded, you can then send the QR code to others via text, email, messaging app, etc.

How to create a QR code on iPhone with Google Chrome 

1. On the Google Chrome app, navigate to the website you want to create a QR code for.

2. In the top-right corner next to the address bar, tap the Share symbol, which looks like a square with an arrow pointing upward.

Tap the "Share" icon next to the URL. 

3. Scroll down and tap Create a QR Code.

4. Tap Share.

Tap the blue "Share" button. 

5. Choose how you want to share the QR code (via text, email, messaging app, etc.)

Quick tip: You can tap Save Image to save the QR code for future use.

Social media apps, such as Twitter, often include access to a QR code for your account within the mobile apps.

How do you use QR codes?

You can use QR codes on phone (link to your LinkedIn profile directly …..)

Put them on the PowerPoint presentations, add them to your post to promote events, webinars, your resume, business cards, greeting cards, website, articles, handouts and training materials, … anything at all!

Do you use QR codes? If so, what types of information do you link to for your customers (your website, social media marketing, event sign-in)? What systems or apps do you use to create QR codes? Let me know how you use QR codes, in the comments below

Making Marketing Authentic

Most people who get into mediation or other ADR services don’t do it because they love to market their services.  For many of us, marketing has a pejorative feel to it; marketing feels unprofessional for a professional service industry.  Yet, because so much of the public is unfamiliar with the types of services that ADR practitioners offer, and with less support from litigation attorneys than we’d like, we need to find an authentic, comfortable way to market our services and mediation programs.

Developing Your Signature Style

For most of us, it’s been a long journey since we resolved to become peacemakers. Once you open your office it doesn’t take long to learn that clients don’t magically appear.  The question is how to make our commitment to peacemaking feel as authentic for our prospective clients as it is for ourselves.  How can we design marketing plans that convey the benefits of mediation and our own sincerity in a way that is also designed to sell our services? 

Developing your signature style and discovering your own identity as a mediator are the key elements to begin your marketing.  After that, marketing falls into two categories, one of which works and one of which doesn’t:  spending lots of money (doesn’t work) and spending lots of time (works really well).  Chronologically, you also divide your time into two categories:  finding new prospective clients and making sure they become actual clients.  This article will cover how to be yourself while marketing and how to choose marketing techniques that will work for you and your practice.

Defining Your Signature Style:  For your marketing to work, you have to know who you are as a person and as a professional.  Be honest with yourself about what you like to do and where you shine as well as what you don’t like to do and where you’re not at your best.  If you hate networking at the Chamber of Commerce, you’re not going to come across in the way you’d hope by doing it anyway, so you’re wasting your time.  If you love to write articles but hate public speaking, focus your time and talents in writing.  If you think you hate all kinds of marketing, remember that waiting for the telephone to ring isn’t an effective client generation tool.  Maybe it’s time to think about dropping the private practice idea and start thinking about joining a corporate HR department or teaching.  Out of the different ways to market, pick only those which you’ll actually do and follow through upon.

Some people feel like marketing is selling out. Your marketing plan should never feel unprofessional.  Using public speaking to tell consumers about the benefits of mediation is a public service, and if your speech is sounding too much like a sales pitch, then revise it.  Writing articles about skills that people can use to lessen the conflict in their lives is also a public service.  Introducing yourself to others in related fields who could make referrals to you provides a service both to those professionals and to their clients because you’re a quality practitioner who will do a good job with their case. When you market authentically, you help others while growing your practice.  Stop and rethink your approach if you’re feeling uncomfortable with your marketing message.  Marketing at its finest is genuine and holds value for those to whom you’re marketing.

Your Elevator Speech and Mission Statement:  Have a clear vision of what you do.  You can’t encourage people to participate in mediation if you can’t explain what it is.  And let’s face it, mediation isn’t easy to describe in just a few words.  The first step is to develop your Elevator Speech:  a one or two sentence explanation of what you do.  It’s called an elevator speech because you need to be able to finish it by the time an elevator takes between floors.  Examples: 

• I help busy lawyers like you settle cases; or

• I help people get divorced without losing their shirt or their sanity.

How can you describe your practice in just a sentence or two?

Next, expand your elevator speech into a Mission Statement, and think about your Brand.  You may never be Coca-Cola, but your practice and services need an identity.

For example:  Peace Talks Mediation Services is dedicated to providing a constructive, forward-thinking and peaceful ending to relationships.  Marriages may end, but families endure forever.  We provide a confidential, efficient and impartial atmosphere to help people resolve conflict and to create solutions with integrity and dignity for everyone concerned.

You may or may not share your mission statement with clients, but you need it in order to have a direction in your practice. You wouldn’t leave on a trip without a map, and you shouldn’t have a practice without a mission, either.

Your Brand is what you stand for, the kind of services that you provide, and your signature style.  For example, your Brand may include:

• Honesty

• Trustworthiness

• Commitment to client education and service

• Going the extra mile

• Commitment to the profession of mediation

Practically speaking, your brand exemplifies your values in your practice.

Be prepared to discuss your practice in terms of value, benefits and results for clients.  That’s all they care about:  value, benefits, results.  The good news is that mediation is full of value, benefits and results for clients.  Brainstorm a list of what you perceive these to be. You’ll use this list when you talk to clients about mediation.

Choosing Where and How to Market:  Specialize.  It’s easier to market that way.  You can accept any kind of case that comes into your office, but you’re only going to market one or two specialties. You’re also going to pick your geographical area.  Marketing every service to everyone everywhere is too difficult and expensive.  The more you define your services, practice areas and geographic area, the easier it is to market.

It’s counter-intuitive, but as we’ve narrowed our services our income increased.  In 2005 gross income increased 25% yet we cut back on the services that we offer.  The less we do, the more we make.  It makes sense when you think about it, because the less you do the easier it is to describe what you do, including the value, benefits and results, and the easier it is for clients to conclude, “yes, this mediator can help me.”

Likewise, it’s important to define your mediation style.   Do you generally practice in a more narrative, evaluative or facilitative style?  Can you explain to clients how you do what you do, and why you’ve chosen to practice the way you do?  What about the other styles do you include in your practice, and what parts don’t work given your mediation style?  Being able to articulate why your particular mode of practice works will help clients have confidence in you and in your practice.  Mediation Career Guide, by Forrest S. Mosten (Wiley Jossey Bass 2001), has some great chapters on developing your signature style.

Getting Started:  You’ll learn about marketing your mediation practice with a combination of trial-and-error and professional advice.  Hopefully, this article will help you avoid some expensive lessons.  A marketing approach that worked in your previous professional life might not work for mediation and just because it worked for someone else doesn’t mean it will work for you.  My best investment was using an ADR marketing consultant.  It cost money, but it saved both time and money in the long run.  Individual consultations helped me to develop marketing plans that feel authentic, professional, and comfortable to execute.  A few good books were also helpful:  Essential Guide to Marketing Your ADR Practice, by Natalie J. Armstrong (Golden Media Publishing 2001);  Selling the Invisible:  A Field Guide to Modern Marketing, by Harry Beckwith (Warner Business Books 1997); Guerilla Marketing: Secrets to Making Big Profits in Your Small Business, by Jay Conrad Levinson (Houghton Mifflin 1998); and Marketing Without Advertising by Michael Phillips and Salli Rasberry (Nolo 2003),  were all good starting points.

The strategies below range from low out-of-pocket costs and a high time investment to a high cost and low time investment. When you’re able to spend lots of time, but little cash, you’ll spend your time networking, speaking, writing, and serving before you sell.

Networking:  Educating people about mediation in a social or networking context is free or nearly so.  Connecting with another person and talking about what you do is an invaluable part of marketing for any business, and particularly for mediators.  Join your professional organizations, or, better yet, the professional associations of a gatekeeper organizations.  A gatekeeper is someone who frequently comes into contact with the demographic you’re trying to reach.  For example, as a family law mediation firm, I get referrals from therapists and accountants.  As a result, I’ve joined the local therapists’ organization and the family law section of the accountants’ organization and actively participate in the meetings and committees.  If you’re really outgoing, you can make good use of your time at their networking functions.  If you’re more of a workhorse, you can gain points by volunteering on committees.  What better way to prove that you’re honest, trustworthy, hard working and worthy of their referrals? 

While joining organizations is a great way to meet people and to network,   dues can be expensive.  Try attending various associations’ functions without joining first.  Look for their calendar of events listed either in their newsletters or web site and make sure that the event is not “members only”.  It’s a great way to try out a new organization without a big cash outlay. 

Wear your nametag on your right shoulder so when people shake your hand they’re staring at your name.  Make your business cards easy to reach.  If you have a name badge on a lanyard, put your cards in the back of the pouch.  Get their card because the key element to networking is following up.  After the event, follow up with a letter or call and remind your contact about who you are and what you do.  The plan is to land in their Rolodex so that when they’re asked about a mediator, they think of you first.

Maintain a database of your contacts and former clients so you’ve got all the information in one place, and make follow up calls or contacts on a regular basis.  If you’re uncomfortable telephoning, consider writing a mediation newsletter or e-newsletter to send to your mailing list, or sending an article or holiday card.  Break up the task of following up with your entire database into small pieces, like 10 calls a day, to make the task less daunting—and more likely to get done.  Contact every 60 to 90 days is ideal.

Speaking:  Public speaking is also a great free opportunity to make personal contact with specific groups that could use your mediation services.  Again, make sure you target your efforts to “gatekeepers”—those who can refer you business—or to individuals who are likely to need your services, e.g., speak to couples’ counselors if you’re a divorce mediator.  Expect mixed results with large, general membership groups like the Chamber of Commerce, and more promising responses from more targeted groups, like an HR professionals association.  A group with a focused demographic, especially one in your geographic area, is ideal.

Writing:  Writing about mediation, or mediation as it relates to another topic, like entertainment law or conflict resolution for educators, is a great no-cost high-profile way to market your services.  Most professional organizations have a magazine or newsletter and they need content.  As a result, it’s easier than you might think to get published in a newsletter.   In addition, you can submit articles to general interest and professional websites, post them on your website and reprint them in your own newsletter.  If you’re a talented writer, think big: your local newspaper or well known professional publication. If you’re just starting out, think smaller:  letter to the editor or smaller newsletter.  Make sure your topic fits your intended audience and targets your gatekeepers in a way that highlights your services without self-promoting.

Volunteer Mediations:  Demonstrating how mediation works through participation in a volunteer mediation panel is a widely-used yet controversial marketing technique. Volunteering your time to build your skills or to give back to the community is one thing. If you’re volunteering for marketing purposes, make sure your time is productively spent.

Spending a Little Money:  One reasonably low-cost marketing strategy which can be incredibly useful is building and maintaining a web site.  From my own experience, the web site has consistently paid for itself in clients generated, and has saved money because it also functions as an on-line brochure.  For more information on web sites, please read James Melamed’s article “Marketing Your Mediation Practice on the Internet” in this issue.  Don’t forget to register your name, address and domain name with major on-line yellow page style directories, like Yahoo Yellow Pages, switchboard.com and smartpages.com. Basic listings are free on many sites.  You can also use your web site for reciprocal links and strategic partnerships.  Find sites which you feel would interest your potential clients and link to those sites; ask those sites to link to your site as well. 

Blogs, either on your own website or someone else’s, can work the same way.  If you start a blog on your own website, you can update the content of your website constantly, which may help your search engine rankings.  If you start a blog on a blog website, link back to your web site, which may also help your search engine rankings. Make sure that your blogging is professional and well-edited.  Don’t be fooled by the informality of blogs. Everything you post anywhere that the public can read must be your best effort.

You can use the concept of “permission marketing” on your web site and with your e-mail address list.  Each month (or whatever frequency), send out a newsletter to subscribers. The key is that the newsletter is strictly opt-in. You don’t want your newsletter to look like spam.  Web site visitors subscribe by signing up on the site and you can send it to your e-mail address list with their permission.  Keep each newsletter short and simple, less than 2 minutes to read.  Make it informational and timely.  At the bottom, include some information about your practice and services, as well as your contact information.  Encourage readers to forward the e-mail newsletter to anyone who might find it of interest. With luck, you’ll get more subscription requests from people who received your newsletter as a forward.  This is one way to use “viral marketing,” i.e., the forwarded e-newsletters do your marketing for you. If you have the time to do several different targeted newsletters, then send different newsletters to different groups.  This is a great way to develop word of mouth about your services.

Spending Money Doesn’t Work:  Spending lots of money on print, radio or TV advertising is usually a poor investment unless you’re committed to an ongoing advertising campaign, which is cost-prohibitive for most mediators.  The problem with advertising is that the person who needs your services must see the ad at the exact moment that he or she needs your services.  Your chances of hitting a target on the first few tries are slim.  Limiting your ads to publications read by your gatekeepers is more effective, but given the expense, your return on investment will generally be too small to be worthwhile. The same is true for direct mail advertising and Yellow Pages ads. Your money and time are better spent elsewhere.

Once you get your marketing plan into place, it’s time to think about how to turn those prospects into actual clients.

Turning Prospective Clients into Actual Clients

We sometimes forget that our most valuable marketing contact—the prospective client who telephones our office—is our most viable marketing prospect.           

Step one is to serve before you sell. This is a concept I learned from my marketing coach at Golden Media, and the idea is that before you ever talk to anyone about paying you for your services or becoming a client, first answer all of their questions and be as helpful as possible.  Let prospective clients get to know you, your services and your practice before you ask them to become clients.  It’s good business for your practice, and it’s also good business for mediation in general. During this “serve before you sell” period you’re making sure that the case is a good fit for your practice as much as clients are evaluating your firm.  Answer questions about mediation, give a tour of your office, offer an orientation session, have articles and handouts ready to help the clients get prepared to mediate, and make them feel like they’re getting special attention from your firm.  All of this is free of charge, of course.  The serve before you sell stops with the actual mediation of the case—that’s when you go on the clock.  By the time the caller becomes a client, he or she will not only be sold on your services, but will have the confidence that your firm is dedicated to client service.

Consider how much time, effort, and money that it took to make this call happen.  Every speaking engagement, networking luncheon, article and marketing activity is designed to make the telephone ring.  Yet when it does, few of us are as prepared as we need to be to turn that interested caller into a paying client.  Forrest Mosten pointed this out to me early in my career, and convening is still the backbone of my firm’s marketing.

That ringing telephone signals the beginning of a process called convening, or getting both sides to the table.  Do you know what your call-to-client ratio is, i.e, how calls you get and how many turn into paying clients?  Knowing your call-to-client ratio from each of your sources of referrals, as well as your overall ratio, is important in order to know which marketing plans work, which are cost-effective, and where you should focus your time and money.

Telephone Calls

Who will take your telephone calls?  Is it a receptionist, unskilled at mediation and unable to answer basic questions about your services?  Is it a Dispute Resolution Associate, trained in mediation and in convening?  Will you take the calls yourself?  A general receptionist is fine if you’re taking the intake calls yourself, but your first line marketing person should know all about the mediation process. 

After you’ve decided who is doing the intake, what model will you use?  Will you spend a few minutes, off the clock, and then send out your brochure, marketing materials, or a follow-up letter? Or will you do a thorough phone intake, on or off the clock?  Will you schedule an orientation session during the first call?  A critical part of your intake is where the client heard about your services.  You’ll use this information to track the efficacy of your marketing efforts. 

The next piece of information you need from the caller is whether or not the other party is aware of the caller’s desire to mediate.  Is the other party even aware that the call is being placed? If not, ask how best to approach the other party. 

For cases in which the parties have already agreed to mediate, your intake is then geared toward selling the potential client on your services.  What do you offer that other mediators do not?  Why should the client choose your services over someone else’s?  Write a short script or outline in case you get tongue-tied on the phone. After the telephone call, send out a “thanks for calling” letter along with some printed information about your practice. Give prospective clients a tangible reminder of having called you.

Information Packages

After a call has come into the office, send an information package to the callers.  Your information package should instill confidence in clients and differentiate your services in the marketplace.  You might include brochures, business cards, a firm newsletter, a short biography of yourself and your experience, pointers on how clients can prepare for their mediation session, or articles about mediation. Use a simple pocket folder so you can mix and match your materials for different types of cases. 

Just as with serving before you sell, remember that clients are looking for value, benefits and results. Ninety percent of your brochure, information package and website should be centered around value, benefits and results for the clients.  Only 10% should be about you and your qualifications.  The same 90/10 rule holds true of all of your marketing materials, your web site, and any other descriptions of your practice or program.

When prospective clients call your office, they already believe you’re an expert. Laypeople and attorneys [generally] perceive all mediators to be equal and qualified. As a result, they don’t care much about your qualifications.  The way mediators can differentiate themselves is by describing their services in terms of value, benefits and results.

Price is not as important as you’d think.  In Western culture, people tend to believe that they get what they pay for.  If it’s free or inexpensive, it has no value.  People who are 100% price sensitive are always going to be a problem. You’re never going to build a practice on price competition.  The good news is that mediation offers so much value, so many benefits, and such great results, it’s relatively easy to compile your information packages.

Clients appreciate the fact that you’re organized and have materials to send out.  It conveys that you’re committed to client service.

Mediation Orientation Sessions

You may wish to offer a free orientation session in order to supplement the intake.  Orientations allow the parties to see the office, meet the mediators and discuss how the mediation process might work for their case.  Both the mediator and the parties can use the orientation to decide if the practice is a good fit for the case.

Thoughtful convening is the bridge between marketing and building a practice. 

Client Service as Marketing

Sometimes we forget that great client service is a great marketing tool.  Simply doing a good job, being respectful of clients’ needs and questions, answering the telephone in an approachable way, and demonstrating patience with people in conflict can be a great way to get clients to refer your office to other prospective clients. 

Takes time to build, however, so it’s important to jump start your practice with other marketing activities.  There’s no need to do every suggested marketing technique in this article, and, in fact, it would be counter productive.  Pick a few things that feel right and that fit your personality and budget, and start there. Evaluate your return on investment:  was it worth the time and money?  If so, do more of it.  If not, try something else.  Keep your marketing plan consistent with who you are and who you want to be in your practice and you will help you develop the kind of clientele that you can really help, and as a result, it will be the kind of clientele that will refer others to you.  That’s the best kind of marketing of all.

About the author:  Diana Mercer is the founder of Peace Talks Mediation Services (www.peace-talks.com) and the co-author of Your Divorce Advisor (Fireside 2001).

ACR Magazine, Spring 2006

Diana Mercer, Attorney-Mediator, copyright 2006

Peace Talks Mediation Services, Inc.

8055 W. Manchester Ave., Suite 201

Playa del Rey CA 90293

(310) 301-2100

Diana1159@aol.com

Marketing Plan And Marketing Strategy - What's The Difference?

Two terms, use interchangeably but really shouldn’t be. Your marketing plan and your marketing strategy are two different parts of your business.

Simply put:

Your marketing strategy is what you need to achieve with your business. This will be tied to your business goals and vision. 

Your marketing plan is how you are going to achieve what is set out on your marketing strategy. 

Both are necessary for you to move forward with your business, and they will work in unison. 

What Does A Marketing Strategy Look Like?

Most of the time it is better for you to work with a company like Your Marketing People in all aspects of your marketing. But even so, it pays for you to understand some of the basics of a marketing strategy. 

You need to identify: 

Goals

What are your business goals, both long and short term? Are there some overall business goals that need to be met? 

Competitors 

Who are you, competitors, what are their strengths? What are their weaknesses? What is their market position? You need to know as much as possible about your competitors. 

Target Market

Who are you talking to? If you haven’t nailed what drives the purchase decisions of your target market, then how can you sell to them? 

Positioning Goal

What makes you stand out from your competitors, and why should customers come to you instead. 

You will likely need a situation analysis unless you can answer these questions with ease. These things will help you identify your main strengths, weaknesses and amble you to get ahead of potential issues. 

What Does A Marketing Plan Look Like?

A marketing plan will typically have several topics covered. 

Executive summary - this is an overview of the company and will give a review of the plan. 

This section will be to the point for those who may not read the entire document.

Business Description

This section will describe what the business is all about, including the name of owners, the current situation, this means the position in the marketplace, the company mission statement, and any of the core values, and other essential information.

Situation Analysis

The situation analysis will cover the details for your marketing efforts. This section will take a closer look at the internal and external factors that will influence your marketing strategy.

Business Objectives

Any effective marketing plan will need to include business objectives. This is the overall business strategy and goals. 

Distribution and Delivery

Distribution and delivery outline of how your business will sell and deliver your products to consumers. This will include the methods of sale, including wholesale, retail, direct to homes and businesses, and online.

Marketing goals

Martin girls will tie into the overall business objectives. However, they will only focus on a small portion of the business that marketing can, in fact, influence. 

Target market

Target market is simple in concept, of course, it is unrealistic to think that you can attract everybody, you need to talk directly to your ideal customer.

USP

This is your unique selling proposition and talks about how your company has the edge over your competitors. What makes you unique?

Several other sections will be contained within your marketing plan. These are tracking and evaluation, to allow you to set measurable business goals, so you can check how each of your marketing activities has been effective. 

Budget will let you know how much you have to spend, and message and guidelines will ensure that you stand out from your competitors, and demonstrate value to potential customers.

They will work in unison to drive your business forward. 

“That’s a good idea”

“That’s a good idea”

“And then what happens?”

Repeat the second question 100 times. Because after every good idea, there are at least 100 steps of iteration, learning, adjustment, innovation and effort.

Starting with the wrong idea is a waste of energy and time.

But not committing to the 100 steps is a waste of a good idea.

We put a lot of pressure on the idea to be perfect because it distracts us from the reality that the hundred steps after the idea are going to make all the difference. Nearly every organization you can point to is built around an idea that wasn’t original or perfect.

The effort and investment and evolution made the difference.

Written by Seth Godin - https://seths.blog/2020/06/thats-a-good-idea/

JUNE 20, 2020

Before, During and After

Before advertising mediators had word of mouth. Our services were talked about, referrals made, and our services purchased.

The best mediators had the best reputations and busiest practices.

During advertising it's pretty simple - if you advertise and market directly to consumers your sales go up. A partnership with an appropriate PR and Marketing firm means you can grow your company nearly as large as you can imagine.

After advertising, well, we're back nearly where we started. But instead of your practice growing slowly and awkwardly by word of mouth alone, the power of your network combined with intelligent PR and marketing can drive your practice to great heights at rocket speed.

Striking a balance between self-promotion and professional promotion can be the defining combination for success. If you're not a business-minded mediator find someone to help with business development. If you're not entrepreneurial find someone who is to help create that never-ending drive for you. If you're not a bookkeeper - outsource your books to a professional. Essentially - do what you do best (mediate) and find professionals to augment your business with their special talents.

The combination is unbeatable and the balance you create will pay for itself in more ways than just your bank account.

If you need help balancing your practice-building and marketing activities give me call and I'll help you with your strategic needs.

A Few Minutes a Day

As mediators we know that professional personal interaction is imperative. As marketers, that same interaction shouldn't be overlooked.

As a professional resolutionist your time is probably pretty full. It can be difficult to add additional time-consuming tactics to an already demanding schedule.

So rather than overloading your schedule with a lot of frantic items for your already busy daily to-do list, try this tact instead: Personally contact at least one previous client every day with no other motive except to find out if they were happy with your service and ask if there's anything else you can help them with.

For the vast majority of your clients, this can be handled with a telephone call, and on the average should not take you more than five to ten minutes. Even the busiest of my clients can dedicate a few minutes per day. A five- or ten-minute personal marketing foray is a modest demand on your time and great investment in your practice. And if you're thinking this activity can be replaced by a text or email please reconsider.  In a world of technology you can make yourself stand out by having an actual conversation over a cup of coffee, on the phone, or via video conference.

Are You Making Any of These 10 Deadly Business Mistakes?

These traps/mistakes are common to many ADR entrepreneurs .

1. Getting Wedded To an Idea And Sticking With It Too Long.
Don't marry a single idea. Remember, ideas are the currency of entrepreneurs.
Play with many ideas and see which ones bring money and success.

2. No Marketing Plan.
A marketing plan creates the kind of attention you need to get in front of the right
types of people, companies, etc. It is what attracts people to you! There may be as
many as 25 ways to market your business at no or low cost. A good marketing plan
implemented effectively, efficiently, elegantly and consistently, will eliminate
the stress of so called "flying by the seat of your pants".

3. Not Knowing Your Customers.
Changes in your customers' preferences and your competitors' products and services can
leave you in the dust unless you get to know your customers well, what they want now and will likely want in the future, what their buying patterns are, and how you can be a
resource for them even if you don't have the right services for them now!

4. Ignoring Your Cash Position.
The world (aka customers) doesn't respond to even superior products in the timeframe
that you think they should. You'll need plenty of cash to sustain yourself in the meantime.

5. Ignoring Employees.
Motivating, coaching and managing your staff is probably one of your toughest challenges as an entrepreneur/business owner today! Without your patience, persistence and "people skills," your problems can multiply quickly. Morale, productivity AND PROFITS can easily be destroyed!

6. Confusing Likelihood With Reality.
The successful entrepreneur lives in a world of likelihood but spends money in the world of reality.

7. No Sales Plan.
Without a sales plan, there's no serious way to gage the financial growth and progress of
your business. You need a realistic map for where the sales will come from, how they'll
come and from whom.

8. Being a Lone Ranger.
You might be the key to everything BUT you cannot DO everything and grow at the same time.  Even modest success can overwhelm you unless you hire the right staff and delegate responsibility.

9. No Mastermind.
Get an advisory board or a mentor! Sounds crazy for a small operation? It's not! The board can be family members that you trust, or friends. Ask them to be your board of directors and review your business plans and results with them. Having someone to bounce ideas off and get an objective opinion is critical.

10. Giving Up.
Some of the most successful entrepreneurs failed several times before doing extremely well.  So, if you're failing, fail. And fail fast. And learn. And try again, with this new wisdom.

Do NOT give up. Yet, do not suffer, either.

If any of the above situations are stopping you from achieving your success, give me call or email me and I'll be happy to give you a 30 minute consultation for free.

Building Your Own Think Tank

I received a question recently from one of my readers in New Zealand. He asked, “I've heard the term "knowledge network." What does it mean, and how does it fit into my business networking efforts”?

Thanks John. This is a great question.

This is a tool that I have used in my own business development for years.  A “knowledge network” or its more formal cousin an “Advisory Board” can prove invaluable to business people in the resolution industry.

I’ll use my own Board as an example.

Just like you, I have to make decisions about growth strategies, internal systems, and much more. As is frequently the case with any complex project, anyone will begin NOT seeing it clearly after a while. Personally speaking, I was relatively young when I started my company. It was important to recognize that there were lots of business experiences that I hadn’t had yet, and many that I didn’t want to know about first hand. In order to gather the information I needed and avoid some of the inevitable pitfalls, I created an Advisory Board.

My own Board is comprised of business people who have created their own business
successes over the last 45 years. Most of them are entrepreneurs and only about half of them are in the resolution industry. My Board was designed to involve resolution professionals who understand ADR, my business, and my clients’ needs. All of my advisors are very successful in their own industries (e.g. oil & gas, fashion, construction, real estate, healthcare, entertainment etc.). Their commonalities are that they are all highly successful in their own rights.

Since I have clients all over the world, I intentionally invited Board members who live and work around the globe.  Each of them are kept up to date about my business strategies, subsequent growth, quandaries etc. I don’t seek advice from all of them on every situational need.  Most often, a particular need can be matched with a Board member who has the corresponding specific experience. There are times when many of us meet via conference call and many more times that single calls are made to single advisors.

The Board is informal and not paid for their advice – however we have referred work to each other and frequently provide introductions that have proven to be quite lucrative.

How can you build a Board of your own? Seek out those individuals in your area that are successful business people. They will provide you much needed advice and may become tremendous advocates of ADR. Also seek out some of the successful resolutionists in your area to serve as both ADR and business mentors. Explain your current position as well as your goals and endeavors. Go to them with specific questions and challenges that your practice is facing and listen carefully to their advice. My experience has been that the advice from my Advisory Board has been a treasure trove of information that no college degree could ever provide.

The Personal Touch

One of the most rewarding things about being an entrepreneur and a mediator is how you personally identify with your company. Since most of us are solo-practitioners we tend to feel tremendous pride in our practice creation. However, too frequently practitioners treat their practices in an officious and overformal way. Instead try treating your small business a little more warmth.

If you've been reading my blog for any length of time, you know I advocate that you never attempt to be something or someone you're not. Phonies don't fool many people for very long. Staying true to your nature almost always pays off in profits. You're not some multinational conglomerate or large bureaucracy. Take advantage of this fact and use the warm, friendly personality of your small business to your benefit. It has an endearing appeal that the 'big boys' would die to acquire, if they only could, and in fact an appeal that they spend hundreds of thousands of dollars feigning. So instead of putting on airs and pretending to be what you are not, put on a smile and get down-home friendly, figuratively speaking of course.

All the marketing dollars in the world cannot buy what you start out with, that friendly demeanor that comes with a new, small-scale entrepreneurial enterprise. Call it the corner store identity, or the 'mom and pop' atmosphere.

Call it anything you like, but take advantage of while you have it.

Begin capitalizing on your practice's small friendly nature, you can and should develop personal marketing habits, and make sure that you live by them, which also has the pleasant side effect of setting an example for your staff if you have one.

Remember that people do business with people they like.

The Words You Choose

Quick Tips:  When writing content for any promotional piece remember to use words that

1.     Have a Benefit Orientation

2.     Are Positive

3.     Are Active as Opposed to Passive

4.     Are Clear

5.     Are Brief

6.     Have a Visceral effect

Writing copy (or content) is all about persuading and motivating your reader.  In order to persuade and motivate your reader you will need to break the process of writing into two sections – the first is prior to writing and the second is while you’re writing.

Prior to writing you need to analyze your service.  First, analyze your practice from both your perspective and your potential client’s.  Find those qualities about your service that you think will be of greatest interest to your target market.  Second, think about your position in the market place.  How and why is your practice and service superior to the competition?  Third, what are the tastes of your readers?  Are they executives, teenagers, housewives, attorneys, governments, etc.?  Alter the “tone” of your message depending on the personality and of the reader.  And fourth, does the copy you have in mind fit with your entire marketing concept?

While you’re writing it’s imperative not to lose sight of the objective: to establish your practice as credible, authoritation, and appropriate via writing something of value to the reader.

Remember to use words that persuade and motivate. 

Here are seven things to keep in mind while writing.

1.     Don’t overstate with too many words like fabulous and extraordinary.  They will destroy your credibility.

2.     Be accurate and truthful.

3.     Be specific.  Vague approximations leave the reader unsatisfied.

4.     Be organized.  Your message should progress logically from headline to clincher.

5.     Write for easy reading.  The style should suit your reader, but some rules apply to all content writing.  Seek to write smooth, uncluttered, involving and persuasive content.

6.     Don’t offend the reader.  Be careful using humor.

7.     Revise and edit – revise and edit – revise and edit.

Writing is a great way to educate your prospective about the industry, the processes, and you and your practice in specific.  But the most important thing about writing to sell is that the information benefits the reader.  Time is valuable.   Asking a prospect to spend their time reading your article, brochure, website, social media post or any other piece is asking them to invest in your information.  Make it worth their effort.

Three Ways To Grow Your Practice (or How to Make More Money)

A confession: I have a reading disorder. A serious vice that requires between 2 and 5 books each week to be satiated.  I am a bookstore owner's fantasy and my library's least profit-producing cardholder.

On that note - while in my favorite bookstore, perusing the business section, I began to count the number of books that attempt to tell you how to grow your business.  I lost count, then lost interest. I have spent hundreds of dollars and euros to own a great number of these kinds of books,  and have read even more of them. If the book is any good, it will eventually get around telling you that the following 3 activities are key to growing any business.

1.Increase your caseload volume,

2.Increase your fees,

3.Increase the amount of repeat business.

Let me save you the time and money of buying or borrowing these books by explaining how each of these apply to resolutionists.

Point number one reads "Increase your caseload volume".

Clear and simple - promote your practice through networking, writing and speaking. These are the time and money-proven most effective strategies for a resolutionist.

On average a practice requires between 18 months and two years to build. Remember that to be successful, you must consider yourself a businessperson first and a mediator second. The same would hold true for any business. If you told me that because you're such a great cook you're going to open a restaurant, my first question would be "what do you know about running a culinary business?" You can't have the second (a mediation or arbitration practice) without the first (some business acumen).

Point number two reads "Increase your fees".

Again - pretty simple, but will depend on a couple of variables (and perhaps one mathematical formula).  If your background or current job is one in which you make money based on billable hours,  like a lawyer or consultant, then you will want to charge at least that same hourly rate.  Your time as a arbitrator / mediator is no less valuable than your time as a consultant or expert witness etc. It's simply a matter of cost opportunity. Your IQ does not diminish as soon as you stop into a mediation. Your time is valuable - put a value to it.

If you have a job that is a salaried position, that is not in the field of law, and you need to determine how much to charge - take the average fee charged by local attorneys within your same practice area. For instance, if you have worked for the State's Health and Welfare Department as a psychologist and are now building a practice with family as the focus, research the average hourly fees local family lawyers charge. If it is less than you make on an hourly basis - keep your current rate. Why on earth would you leave money on the table?

Or, if you just read the previous two paragraphs and are still unclear, try the following mathematical formula. You have to get paid for the work you do, or you will soon have to find some other way to make a living. Not only must you get paid, but you have to get paid enough. How do you know how to charge for your services so that you get paid enough? The economics of a mediation practice are so simple that they can be reduced to the following:

P= (H time B time R) minus C

Where:
H = total hours available
B = percent of those hours that are billable
R = hourly rate
C = costs

If you want to make more money you can lower your costs, increase the percentage of your time on paid work, or increase your rate. You can also work more hours - keeping in mind that as hourly-paid professionals we are all capped on how much our practices will earn unless we increase our rates. Why? Well there are only so many hours in a day dear reader. Once they've been billed out ... where can you go from there?

Point number three reads "Increase the amount of repeat business".

What's that you say ... just a beautiful theory? Wrong. They're more than just a theory, they're the reality for many of us. Referrals are out there. You only have to ask for them. Next time you find yourself in a networking situation, with someone for whom you've worked, or a friend or colleague who socializes or works within your target market, ask them for a referral. Ask them whom in their organization should you speak with about getting cases. Ask them if they know someone who could either directly benefit from your services or someone who could lead you in the right direction. You'll be amazed at the results if you just ask.

So there it is. Growth in a nutshell. My miniature course on "Success 101" and all you had to pay... was attention.

You’re Marketing Check Up

Time for your annual marketing check up. Use the short survey of Robert Middleton's
below to assess your practice development health. Give yourself from 1 to 5 points
on each statement. A perfect score is 125 points.

Positioning Solution. I have a clearly articulated solution statement for my business (Audio Logo) that tells that problems I solve and what solutions I provide my clients.

Target. I know who my clients are, where they are and what benefits and features they are looking for in my kind of service.

Benefits. I have outlined a number of specific client-centered benefits that my clients receive when they use my services.

Uniqueness. I have a Unique Competitive Advantage that explains why I am different than my competition and what that means to my clients.

Qualities. I am clear about the unique qualities I bring to my business and people know me for those qualities.

Packaging Identity. I have an attractive and appropriate "business identity package" with cards and letterhead printed with my own unique company identity.

Value. Everything that I offer my clients is presented as a value to the client. I always answer their question: "What's in it for me?"

Services - What You get. My services, what I do and how I do it, are clearly presented in a brochure, marketing package or web site. It's no mystery what you get.

Pricing and Proposals. I have a well-defined pricing strategy and proposal outline.

Personal Presentation. Everything about my business, including my personal presentation are presented in a way that truly represents who I am.

Promotion Relationship. Through all my promotional vehicles people get a sense of who I am and what my services are really about.

Referrals Systems. I have several ways to actively generate referrals from existing clients.  Referrals are one of my strongest sources of new clients.

Visibility Systems. I stay visible to my target market and expand my credibility through networking, social media and a web site.

Expertise. I communicate my expertise to my target market through speaking to groups and writing/publishing articles.

Keep-In-Touch Systems. I send information to clients and prospects on a regular basis through a newsletter, eZine, social media or other marketing.

Persuasion Focus. Whenever I speak to someone about my services and their needs, I am totally focused on what I can do for them - how I can help.

Needs. I am skilled at building rapport by learning the past and present situation of my prospects through a series of well-thought-out questions.

Objectives. I am skilled at motivating my clients to use my services by discovering
what future objectives are the most important to them.

Presentation. I have a well-structured and well-organized presentation designed to
inform my prospects about exactly how I can solve their problems and meet their objectives.

Recommendation. I am successful in asking for the business. I know what to say and do to win a prospect's commitment to my services.

Performance Communication. I understand that the key to successful client engagements is clear communication.  I work constantly at improving this skill.

Promises. I make clear, unambiguous promises for what I will deliver and what results clients can expect when I undertake an assignment or project. I keep my word.

Requests. I make crystal-clear requests of my clients so they know what I expect of them in a client engagement.

Extra Mile. I don't just offer good service. I do everything in my power to deliver service
that consistently exceeds clients' expectations.

Personal Performance. I stay motivated and true to my personal vision of my business. I get the things done not only for my clients but for myself to make my business successful.

Well..., how did you do? If you scored above 100 you're doing great - keep it up! If you
scored below 100 - you've some work ahead of you and if you scored below 50 - yikes - give me a call and I'll help you get on the road toward a healthy practice.

Are You Ready?

Are you ready to get business to come to you instead of having to spend your time drumming it up.  Odds are that you’re eager to get word-of-mouth and mind share marketing working for you.

But are you ready to do what it takes to get it?

To find out, complete this checklist and then stay tuned to the next six articles for a complete break-down of each component.  You might be surprised to find you’re not as ready as you think.  You might realize why you don’t yet have all the business you can enjoy.  And you’ll know what to do right away to get things going your direction.

Have you decided on a single thing you want to become well known for?

OR…

Are you still trying be everything to everyone?

Have you committed to spending all of your available time, money and energy into developing this one thing?

OR…

Are you dividing your time between numerous possibilities?

Have you developed your own niche that capitalizes on your background and expertise?

OR…

Are you doing what numerous other providers in your area are doing?

Can you clearly demonstrate why you’re the provider prospects should choose?

OR…

Are you just hoping that folks will believe enough in ADR to want to do business with you?

Do you have a long-term plan to reach your prospects and then maintain their attention to create mind share?

OR…

Are you marketing efforts sporadic and inconsistent?

Are you able to follow your plan with the consistency and frequency to attract the clients you’re interested in obtaining?

OR…

Do you let your marketing efforts wax and wane due to a lack of time or interest?

Unless you’re already exceptionally well positioned, getting business coming to you will take time.  How long it will take depends on how ready you are.  You might find that you’re ready immediately.  Conversely you might find that you have several weeks or months to get yourself and your practice in a position to begin attracting clients.  If you rush into trying to get business without positioning yourself solidly, you’ll just have to go back later and redevelop your practice into a better position.

Why not start now?  Check back next week for more.

If you need help with any of the above, just send me a message and together we’ll get you started on the right path.

Don’t Get Lost

Getting lost or overwhelmed by all the choices in social media platforms is easy to do.  It wasn't always this way.  Until the late 1990's marketing and promoting a practice was as easy buying space in newspapers and periodicals or on TV, and doing some smart networking to build trust and lasting relationships.  That was it.  That was the magic bullet.

But in today's market there's no such thing as a magic bullet.  Consumers are more savvy about who we are and what we do.  They know that there are many choices for resolution services.  Establishing trust and creating relationships with prospective clients is still a requirement.  In fact it's the primary asset that we're building.  And only connection, direct connection, does that.  Whatever platform you want to use is fine, as long as it leads to a direct connection with your primary, secondary, and / or tertiary target markets.  In that vein, I always recommend that you use the platform your target market is most comfortable using.  You may not like Facebook, but if that's where your clients are, you need to get really good at using Facebook.  If your clients love it you need to love it too.  The same goes for Twitter, Instagram, etc.

For most resolutionists, LinkedIn is the platform of choice.  Making best use of this platform is a great way to connect, establish credibility, authority, and availability.  Make best use of messages to invite people to connect, thank them for connecting, offering to be a resource for them, and providing them something of value will start the all-important dialogues to creating trust and building business.  If you have connected with previous clients, ask them to endorse you or write a recommendation - the best way to do this is provide an endorsement or recommendation to them first.  LinkedIn is a powerful library of articles - write and post one.  Is video your preference?  Record and post one.  Use LinkedIn to find groups and interact with them.  Comment on your connection's posts.  The key to LinkedIn is to connect and interact.

Regardless of your choice, log on to your social media platform profile and with a critical eye update your bio, update your photograph, make sure that your contact information is complete and correct.  Link to any other platforms and your website.  The goal is to make it easy for prospective clients to confirm your professionalism and contact you.

Being in many places is far less important than occupying one space extremely well.  Own that space and state it clearly eg: "I'm a blogger not a podcaster".  Be in that space in a way that other resolutionists without your tenacity have no way to occupying in the way you do. Do one thing and do it really well.

After all that, if you sincerely feel that you need to be on numerous platforms concurrently, that's fine too.  It can get overwhelming to manage all those accounts however.  You might want to simplify your life by using a social media management tool like Hootsuite.  The point is this ... don't get lost or overwhelmed by all the platforms and then not use any of them.

If you're not sure which platform is best for you, how to use your chosen platform(s), or simply don't want to become the social media master that your practice needs, give me call and I'll help you find the best solution or even help you manage your accounts.

I rather like the new normal.

I know that the last month or two have been strange for most us but hopefully we’re all settling into our new groove. 

One thing I like about this new world is the amount of effort if requires of me.  Last year in order for me to attend a conference I needed to register for the event, sometimes get a visa, book a flight and hotel, deal with airport security, figure out the public transportation from the airport … and on and on and on.  Until it was time to do it all in reverse.  It’s exhausting me just writing about it and I simply don’t have it in me to list the hundred other steps necessary.  But I don’t need to. You probably know them all too well.

In person meetings were a bit easier but only because the effort involved had become normalized.  Buy a car, maintain the car, or figure out how to public transportation, rent an office, furnish and maintain an office, wear a suit and heels, provide snacks and drinks, keep fresh flowers in lobby, set the date and time for us to meet, research and prepare for the meeting, confirm the date time, …. and on and on and on.  Again, I’m leaving out a bunch of steps and little tasks to large efforts.  But you know the drill. 

Now, I ask my clients to let me know the best date and time for me set up a Zoom call, I prepare for the meeting, confirm with them the date and time and send them the Zoom link, log on and get to work.  No heels or train stations necessary.  In fact this might just be the perfect answer for introvert who is cleverly disguised as an extrovert.

I hadn’t really though much about the first two scenarios.  They were just normal.  I didn’t measure the amount of time or energy either of them required because putting all that effort into working with clients was just what I did.  Part of the challenge of a worldwide shift is that all of us have to engage in new effort that we’re not used to. It’s nothing we asked for, and the old effort disappearing didn’t used to feel like much of a benefit.

But now? 

Although I do miss the first two versions of conferences and meetings, they were expensive, complicated and sometimes difficult processes.  This new normal has its own challenges for sure, but if new effort is required, we have the chance to do what we’ve always done in the resolution industry, which is figure out what works and to commit to it.

This is right in our wheelhouse.

How to Make Money from Pro-Bono Cases

Interested in how to transition your practice from non-paying to paying clients?

Pro-bono panels are where many ADR trainers suggest we go for our first mediations or arbitrations after we get certified.  They’re right to do that.  We need that real world experience to become the great neutrals we know we can be.  But unless you’re on the panel for purely philanthropic goals, building a business off that panel work may not be what you thought it would be.

Westernized consumer minds say ‘you get what you pay for’.  If mediators have an assigned monetary value of nothing – then the assumption is that we have no worth.  And that’s just wrong. Most consumers of free mediation or arbitration panels know otherwise too.  They know and understand the tremendous value we offer.  And they love the fact that we’re free.  Do we love that same fact?  Well that’s complicated.  Some of us love it because it’s our philanthropic choice.  Some of us love it because it’s where we hone our skills. Some of us love it because we THINK it will help us grow our private practices. Which are you?  If you’re in the philanthropic category read no further. This article is about building a practice. 

Let me use one of my clients, Phyllis, as the example.  She is an experienced attorney in downtown LA with a practice specialty that easily transfers into the world of ADR. After she received her certification as a mediator she received the same advice that most of us do.  Volunteer on the local court panel they said.  You’ll get lots of experience they said.  You’ll build your practice they said.  So Phyllis volunteered.  A lot.  And her trainer was right about the first two of those three things.  But not the last one. 

In a first consultation with her I asked for her volunteer stats.  Here they are:

5 cases per month for two years or 120 cases

3 hours free for each case or 360 hours mediating

2 hours admin for each case or 240 hours of admin

2 hours of commute / parking for each case or 240 hours

            Total of 840 hours

Phyllis charges $300 per hour in her private practice.

Her ‘practice development’ through the court panel has cost her $252,000 over two years!!!

How many paying cases has she directly received for her ‘volunteer’ efforts?  The answer is 5.  FIVE!!!  Is it worth it?  To me that’s not tough math.  The answer is a resounding no.  Spending the equivalent of a quarter of a million dollars over the course of two years to get 5 paying clients?

Nope.  No way.  Not worth it.

Of course she did have the opportunity to gain experience and give back to her community but that’s some extraordinarily expensive experience and I can think of lots of ways that I’d rather donate a quarter of a million dollars to deserving individuals. The truly painful aspect of all her efforts on the panel … she still paid good marketing money to promote her private practice.  She invested in a website, business cards, membership dues etc.  She writes, speaks, and trains her primary target market contacts. In those same two years of promoting her practice she spent $11,800 on more traditional marketing methods.  For that very reasonable investment she obtained 172 new and fully paying clients. Now that’s good math.  

If we did the same cost analysis for your practice what would it look like?

So the big question is what should you do?  I’m not suggesting that you forego volunteering on a panel if that’s where your heart’s at.  But let’s get real.  Volunteer for a predetermined period of time. Get the experience you need.  Make the most of the contacts you get from the panel, then move on.  And what if you don’t have $11,800 to invest in your marketing and have no other choice but parlay those pro-bono cases into paying clients?  Read on.

ð       Keep a separate calendar for pay vs. non-pay cases giving paying clients priority status for your time. Lack of preparation on your clients’ part does not constitute an emergency on your part. Limit the number of cases or hours you volunteer each month.  Don’t allow non-paying clients to bully your schedule.

ð       Determine in advance how many pro-bono cases you need to hear to elevate your skills. When you reach that magical number – stop.  Leave the panel and spend your valuable time, money, and brain power on promoting your private practice.  

ð    Dealing with the repeat ‘offenders’ or abusers of your and the courts generosity? Just mediate them.  Let them know that you’re sincerely flattered by their confidence in your skills. However, you mediate for a living and would appreciate them hiring you privately.  If they really want you – they’ll pay for you.  If they don’t want to pay – refer them back to the panel list and let them chose another pro-bono neutral.  Be sure that you check with the panel about this practice. You don’t want to find yourself in conflict with the panel rules or administrators.

ð    Selling before you mediate.

o   Be professional, considerate, be consumer oriented.

o   Offer something the other neutrals in your region or specialty don’t offer

ð    Selling while you’re mediating.

o   Remember that everyone in the room is your client.  

o   Wait until after the mediation is completed (settled or not) to give your business card and promote your private practice.

o   Whether the hearing is held in private office spaces or a court annex, be sure you make potential clients as comfortable as is possible.  It’s the little things that matter.  High quality coffees, snacks that keep dietary needs in mind, plenty of Kleenex, the ability to order in food or a list of local restaurants within walking distance, clean bathrooms, etc.  Pamper them where possible.

ð   Selling after the mediation.

o   Follow up after a settlement with a thank you letter (yes a real card)

o   Follow up after a settlement with a client survey

o   Follow up after a non-settlement with continued communication and support – offering mediation continuation (for pay)

o   Follow up with primary marketing tools like networking, writing, speaking, and training. Essentially – keep in touch with them until you’ve said the right thing at the right time to the right person.

Phyllis' choice to stay on the court panel regardless of how much she got from it or how much it cost her was a subsequent question. Her answer .... it's just what neutrals do.   Let's change that and volunteer wisely.

Volunteering can be a great way to gain experience, lighten the load on your local court docket, help people who really need help, and meet turn potential clients into prospective clients and then into paying clients.  But don’t let volunteering distract you from doing what you know you need to do – build your practice. Be a businessperson first.  Be a business person who happens to specialize in ADR, but be a smart businessperson.  For as much time as you network inside ADR associations, double that time networking with your primary target market.  Keep up on what’s happening in the ADR industry, but primarily keep up with what’s happening in your target market’s industry. Read about communication and ADR, but most importantly read business and marketing books. 

And as always, if you have any questions or concerns about building your ADR practice, contact me and together we’ll find the solution that helps you reach and surpass your goals and endeavors.