Words That Make A Mediator’s Heart Sink

" I didn’t know you did that"

That’s a line often heard by mediators and arbitrators, usually from clients or prospective who are pleasantly surprised to discover the breadth of services they offer. But here’s the kicker: while it can lead to more business, hearing “I didn’t know you did that” is like watching potential clients slip through your fingers.  Six words that are heartbreaking.  It means that your marketing messages aren’t clear. 

It means your clients and referral sources aren’t fully aware of the range of ways you can help them. And for every person who stumbles upon your services, how many others are taking their business elsewhere simply because they didn’t know you could assist?

Failing to enlighten your clients and referral sources about your full range of mediation and arbitration services is like leaving money on the table.

But fear not! Here are some down-to-earth steps to ensure everyone knows just how much you bring to the table:

A Clear Brand Identity: Don’t blend into the crowd. Stand out as the go-to mediator or arbitrator in your niche. Whether it’s divorce mediation, employment arbitration, or commercial mediation, let people know you’re the expert they need.

Regular E-Newsletter: Drop a friendly email newsletter that not only shares valuable content but also highlights the different ways you can lend a hand. Stick a prominent reminder in there about your mediation and arbitration services. Let’s keep it fresh and engaging!

For example: Share a story about a successful mediation where you helped two feuding neighbors reach a compromise (changing the details of course so that you don’t violate confidentiality), and don’t forget to mention that you’re ready to help others find common ground too.

Social Media Savvy: Stay active on social media platforms, but don’t just blast out repetitive lists of your services. Engage your audience with interesting content related to mediation and arbitration. Show them why you’re the one they should turn to when conflicts arise.

Follow-up Phone Call: After wrapping up a mediation or arbitration gig, why not give your client a buzz? Thank them for their trust and remind them of your other services. It’s like a friendly reminder: "Hey, remember me? I’m here for more than just that case we wrapped up."

Clearly Communicate on Your Website: Make sure your website is crystal clear about what you offer. If you have unrepresented clients, (note: avoid confusing legal jargon). Speak their language and make it easy for potential clients to see how you can help them resolve disputes.

Consistency is Key: In a world filled with noise, you’ve got to keep showing up. Stay active on social media, keep that newsletter rolling, and network like a pro. If you’re not moving forward, you’re falling behind.

So, next time someone says, “I didn’t know you did that” take note and make the necessary changes to your marketing messages and never hear those nasty little six words.  Because now, you’ll know exactly how you can communicate to help your clients find the right processes and solutions.

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 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.

3 Reasons Why Repetition Makes Your Content Stronger in Mediation and Arbitration

One of the most common concerns we hear from mediators and arbitrators is the fear that their content might be becoming repetitive, boring, or monotonous. You might wonder if it’s okay that a blog post about the benefits of mediation has been shared multiple times on your website, or if the same video explaining the arbitration process has appeared repeatedly on your LinkedIn page. It’s natural to worry, “Won’t my audience get bored?”

 If you share these concerns, they’re understandable, but here’s the reality: Rather than boring your audience, repetitive content is actually essential to engaging them! Repetition is a proven digital marketing strategy that can help your practice succeed, attract more clients, and keep your mediation or arbitration services top of mind. Here are three reasons why “boring” might just be the smartest move you can make.

1. Repetition Reinforces Your Message and Builds Your Brand

Consider the consistency of a well-known brand like Nike. Every Nike commercial ends the same way: the screen fades to black, followed by the words “Just Do It” and the iconic swoosh. This repetition reinforces their empowering message and solidifies their brand in your mind.

 As a mediator or arbitrator, you can achieve a similar effect by regularly sharing content that highlights your areas of expertise. For instance, if you specialize in family mediation, consistently posting blogs, videos, and social media updates about the importance of mediation in divorce cases can drive home the value of your services. By repeating these key messages, you help potential clients understand exactly what you do and why they should choose you.

 Example Topics:

•  “Why Mediation Is the Best Option for Resolving Family Disputes”

• “How Arbitration Can Save Time and Money in Business Disputes”

• “The Role of a Mediator in High-Conflict Divorce Cases”

2. Repetition Ensures You Reach Your Entire Audience

A seasoned journalist once said, “It’s only after we’ve written about a problem long enough to be sick of it that readers will finally realize it exists.” The same principle applies to your content. Not all of your audience members are checking your website or social media every day. What seems old or repetitive to you is often fresh and new to them.

 For example, if you’ve posted a video explaining “The Benefits of Mediation Over Litigation,” it’s likely that only a fraction of your audience saw it the first time around. By sharing it again, you’re increasing the chances that more people will engage with it. In the world of mediation and arbitration, where potential clients might be exploring their options for the first time, repetitive content helps ensure they don’t miss out on important information.

 Example Repeated Content:

•  Sharing the same video on different platforms (e.g., LinkedIn, YouTube, and Facebook)

• Posting a blog article in different formats, such as an infographic or a podcast episode

• Sending out an email newsletter featuring previously shared content with a fresh introduction

3. Repetition Saves You Time and Money

Creating high-quality content is an investment, both in terms of time and resources. However, once you’ve created a piece of content, you don’t need to reinvent the wheel every time. By repurposing and repeating your existing content, you can maximize its impact with minimal additional effort.

For instance, a comprehensive guide you’ve written on “Preparing for Mediation” can be broken down into smaller blog posts, social media snippets, or even a series of videos. Each of these pieces will reinforce the same key points, but with a slightly different angle or format, reaching different segments of your audience without requiring a full-scale new content creation effort.

This approach not only keeps your marketing efforts consistent but also saves you from the expense of producing entirely new content for every single post. It’s an efficient way to maintain a steady flow of communication with your audience, ensuring that your mediation or arbitration practice stays top of mind.

 Example Content Repurposing:

•  Turn a webinar on “The Arbitration Process Explained” into a series of short blog posts

• Break down a case study into social media posts highlighting key takeaways

• Create a video series from a detailed article about “The Benefits of Mediation in Workplace Disputes”

Why “Boring” is Brilliant

There are more than just three reasons why repetition is key to a strong content strategy, especially for mediators and arbitrators. Repetition helps build your brand, ensures that your message reaches your entire audience, and maximizes the value of the content you’ve already created. If you’re still not convinced, give us a call today—we’d be happy to discuss how a repetitive yet strategic content approach can elevate your practice and help you connect with more clients.

How to Use Client Insights to Grow Your Mediation Business

As a mediator, your past clients are one of your greatest assets. You have already established trust with them and demonstrated your ability to guide them through conflict resolution. They are in the best position to tell others about your work, sharing their positive experiences and encouraging referrals. Imagine you have a close relationship with a sibling. If you needed mediation services and they told you about an exceptional mediator they worked with, wouldn’t you be inclined to reach out to that mediator? The same principle applies to your clients. When they are satisfied, they can become your most powerful advocates.

The Importance of Client Feedback for Mediators

What your clients think of you is immensely important, not only for retaining business but for expanding your mediation practice through word-of-mouth referrals. As a mediator, gathering client feedback is crucial for several reasons:

1. Client Satisfaction: Understanding how clients perceive your services helps you improve and meet their needs more effectively.

2. Refinement of Process: Feedback helps you refine your approach to mediation, identifying what works well and what may need adjustment.

3. Building Trust: Regularly soliciting feedback demonstrates that you value your clients' opinions and are committed to continuous improvement.

Feedback mechanisms are more than just a way to gather opinions—they are a valuable tool for improving client satisfaction and adapting your practice to meet client needs. Let’s explore how to effectively gather and utilize this feedback to grow your mediation practice.

Methods of Gathering Feedback

One of the most effective ways to gather client feedback is through the Net Promoter Score (NPS). This widely-used metric measures client satisfaction and provides insight into how likely clients are to refer others to you. The NPS is built around one simple question:

"How likely are you to recommend our mediation services to a friend or colleague?"

Clients respond on a scale from 0 (not at all likely) to 10 (extremely likely). Based on their answers, clients are classified into three categories:

• Promoters (9-10): These are your loyal clients who are likely to recommend you to others. They are also your best source for testimonials and referrals.

• Passives (7-8): These clients are satisfied but not enthusiastic. They won’t actively promote your services but may return if needed.

• Detractors (0-6): These clients are unhappy and may discourage others from using your services. It’s crucial to address their concerns and improve their experience.

How Mediators Can Use NPS to Drive Business Growth

The NPS allows you to condense client satisfaction into a single, actionable figure, giving you a snapshot of your performance from the client's perspective. But how do you use this data effectively as a mediator? Here are some specific tips:

1. Leverage Positive Feedback for Testimonials

• When a client gives you a high NPS score, follow up with a personal note of thanks and ask for a testimonial. Testimonials are incredibly valuable for mediators, as potential clients are often looking for reassurance that you can help resolve their disputes.

• Encourage clients to leave reviews on professional directories (such as LinkedIn, Google My Business, or your website) where potential clients often search for mediation services.

2. Engage Promoters for Referrals

• Clients who rate you highly are likely willing to recommend you to their network. Make it easy for them to do so by providing referral cards, a personalized email template they can forward, or incentives for referring new clients.

• You can also invite them to speak at events or participate in a case study about the mediation process. This can give potential clients a clearer idea of how your services work in practice.

3. Follow Up with Detractors

• Clients who provide lower NPS scores may have specific concerns that need to be addressed. A low score doesn’t have to be the end of the relationship. In fact, following up with these clients can help you turn things around. Reach out to discuss their feedback and understand where your mediation process fell short.

• Use their feedback to make tangible improvements, whether it’s in your communication style, follow-up process, or the way you handle conflicts during mediation. Clients will appreciate your willingness to listen and improve.

4. Track NPS Over Time

• Monitoring changes in your NPS over time helps you track trends in client satisfaction. This data can be especially useful for identifying patterns and making strategic adjustments. For example, if you notice that clients consistently score lower after online mediation sessions, you may want to refine your virtual mediation process.

• Use NPS tracking tools, like SurveyMonkey or HubSpot, to automate the process and analyze the data efficiently.

Additional Feedback Tools and Resources for Mediators

While NPS is an excellent starting point, there are other feedback tools and strategies you can employ to gather comprehensive client insights:

1. Client Satisfaction Surveys

• In addition to the NPS question, include more detailed questions in your surveys to get deeper insights. Ask clients about specific aspects of your mediation services such as:

• The clarity of communication throughout the process

• Their comfort level during mediation sessions

• The perceived fairness of the process and outcomes

• Use free survey tools like Google Forms or Typeform to create easy-to-fill questionnaires.

2. Post-Mediation Follow-Ups

• After mediation concludes, follow up with clients a few weeks later to check in on how they feel about the resolution. This is a great time to ask for feedback when they have had some time to reflect on the process. It also shows that you care about the long-term outcomes of the mediation.

3. Anonymous Feedback

• For clients who may be hesitant to share honest feedback, consider offering an anonymous feedback option. Tools like SurveyGizmo or Qualtrics allow clients to provide insights without the pressure of revealing their identity, leading to more honest and actionable critiques.

4. Focus Groups

• If you handle a high volume of mediations, consider organizing focus groups with past clients to dive deeper into their experiences. This allows for more interactive discussions and can reveal insights that simple surveys might miss.

Using Feedback to Enhance Your Mediation Practice

Collecting feedback is only useful if you act on it. Use the insights you gather to improve your services and marketing strategies. For example:

• If clients repeatedly mention that your communication could be clearer, consider investing in conflict resolution training focused on communication.

• If clients praise your ability to create a calm, neutral environment, highlight this in your marketing materials as a unique selling point.

Feedback also helps you stay competitive. By listening to your clients, you ensure that you adapt to their evolving needs, whether that means offering more virtual sessions, providing bilingual mediation, or specializing in niche areas like family or workplace mediation.

Your clients are your best advocates, and the feedback they provide is an invaluable tool for growing your mediation practice. Whether it’s through NPS scores, satisfaction surveys, or follow-up conversations, the insights you gather will help you improve client satisfaction, drive referrals, and ultimately build a stronger, more successful practice.

By integrating feedback mechanisms into your practice, you not only improve client relationships but also position yourself as a mediator who values continuous improvement and client care.

Here are the resources mentioned in the expanded article with hyperlinks to access them:

Net Promoter Score Tools

• SurveyMonkey – A popular tool for creating and sending surveys, including NPS surveys. You can access it here.

• HubSpot – HubSpot offers customer feedback tools, including NPS. You can find more information here.

Feedback Tools

• Google Forms – A free and simple tool for creating surveys and collecting feedback. Check it out here.

• Typeform – A more interactive and engaging survey platform. You can start using it here.

• SurveyGizmo (now Alchemer) – A tool for more advanced survey needs, including anonymous feedback options. Visit the platform here.

• Qualtrics – A powerful tool for gathering and analyzing feedback. You can explore Qualtrics here.

Client Feedback Solutions

• SurveyMonkey – Create simple and effective client satisfaction surveys. Try it here.

• Alchemer – Formerly known as SurveyGizmo, it offers anonymous feedback collection. Find it here.

• Qualtrics – A sophisticated platform for gathering detailed client feedback. Learn more here.

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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

How to Get the Most Out of Your Business Marketing

As a modern business specializing in mediation and/or arbitration, you need to make sure you focus as much as possible on how you are going to market your practice. You need to do as much as possible to make a big difference here, and it is important to have a procedure in place to deal with this. There are a lot of things you can do when it comes to improving this, and trying to develop the best possible marketing process is vital for continued practice success. 

There are a lot of marketing elements that you need to make sure you get right, and this is something that plays a role in this process right now. Try to think about some of the best ways of taking things to the next level in terms of marketing. Make sure you think about what it takes to bring things forward, and there are a lot of ideas that you can use here. 

Plan a Strategy

Planning and executing a business marketing strategy is one of the most important things that you can do, and this is something you need to work on right now. You have to do as much as possible to make the most of this, and having some sort of clear strategy and direction is massively important moving forward. You are going to need to come up with the best ways of marketing your company right now. 

Hire Marketing Experts

Hiring marketing experts is one of the best things you can do to help with this because they will be perfectly placed to improve your marketing strategy. You need to be turning to experts who provide the likes of web design and SEO services in order to help make the most of this right now. It is really important to make sure you think about the ideas you can use here. Marketing experts can be so transformative for your business, and this is something you’re going to need to work on right now moving forward. 

Inbound and Outbound Strategies

You have a lot of things that play a role in helping you with this, and it is important to do as much as you can to have a selection of inbound and outbound marketing techniques. This is something you are going to need to work on as much as possible, and it can help you in a big way. Try to work on doing your best to diversify, and use a mixture of inbound and outbound, online and offline techniques. You will find that this works so well when trying to market your business in such an important way.

Mediators and arbitrators need to have great ways of being able to market and improve their businesses as much as possible. There are a lot of things that play a role in this, and it is vital that you understand what you can do to make the most of your marketing right now. Try to think about some of the best ways of achieving this, and work on doing what you can to get the most out of your business marketing.

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. 

Why You Should Not Pause Marketing Your Mediation Practice During Coronavirus

I get it.  It’s pretty weird outside.  None of us were prepared for Covid19 and it has thrown most of us for a pretty serious loop.  But some things remain the same.  I still wake up early every morning, jump on the elliptical and listen to a bunch of podcasts about entrepreneurship and marketing.  And just like you, I still go about serving my clients with integrity, honesty, and help them find innovative business and marketing solutions. 

One thing that has changed is how many of my clients seem to be overwhelmed by fear and uncertainty.  They worry about their practices or their job security, their friends and families, their colleagues, home schooling their children, maybe even food insecurity, and more.  It’s a lot to worry about. 

But in my humble opinion the resolution industry has responded with astounding flexibility, availability, and innovation.  As a group we were able to pivot into Online Resolution impressively fast.

What has not changed is that no matter the situation mediators and arbitrators are finding themselves in, there is one goal among all of them. Finding a way to keep their practices thriving. 

When this is over (and it will end) things will be business as usual. Stopping your marketing efforts in the midst of something like this is a lot like deciding to give up your diet and exercise regime because you are stuck at home. I don’t want that for you.  I want you and all my clients to surface from this in better shape than when we went into living with this virus.  

The best way to do that, is to keep your marketing efforts going and your mediation or arbitration practice growing.

Here’s why: Going dark on places like your social media platforms, Google My Business or even your blog, can be confusing for potential clients and parties when it comes to figuring out if your business is “still open and credible.”

Actions to take right now: 

Be open to different ideas and willing to pivot. If you had been resisting working with clients and parties online in the past, why not give it a try? Sometimes the ideas that you think will be the biggest fail end up being the most successful.

At a minimum I encourage you to continue posting on social media three to five times per week so that you can maintain your social presence during this time.   And if you’re more motivated try one or all these tips:

Ø  Reach out to periodicals and blogs and offer to write an article for their readers. 

Ø  Connect with your target markets’ organizations and volunteer to be a presenter for a webinar.

Ø  Think about designing and delivering an online training to help the professionals within your target markets to improve their situations.

Ø  Finally write that book you’ve always been thinking about

Ø  Start a blog

Ø  Start a podcast

Ø  Start a YouTube channel

Ø  Send handwritten ‘how are you doing’ notes to clients

Ø  Get new photos for your social media profiles

Ø  Update your profile on all your social media platforms

Ø  Read a book, subscribe to podcast, and/or watch a video about entrepreneurship

Ø  Read a book, subscribe to podcast, and/or watch a video about marketing

Ø  Do a little research to see what your perceived competition is doing right now

Ø  Revamp your website

The point is that there’s so much you can do to keep your practice alive and well during Covid19 AND prepare yourself to thrive in the future.  If you’re not sure how or have too many other things on your plate to add a new concept in the mix? No problem.  I can help make this time easier. Contact me for a free 30 minute consultation and together we’ll create the solution that you need.  

Stay home, stay safe, and stay in touch.

“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.