Those of us who have been in Alternative Dispute Resolution (ADR) for the past 25 years have seen it grow from an industry in modest infancy to thriving adulthood. In the beginning, we grappled with a business model of franchisor or franchisee. Mediators were challenged by potential conflicts of interest and were constantly in danger of being labeled as anything other than “neutral,” based on our law firm affiliations.
In the 1990s, some ADR practices, mine included, made the leap to our own mediation firm start-ups. We marketed to law firms, offices of general counsel, and insurance companies, extolling the virtues of mediation. We were motivated by convincing the courts about the benefits of ADR and perhaps someday seeing it made mandatory. Many of us saw our companies and revenues grow. We progressed from having to define ADR, mediation in particular, to its becoming an integral part of our U.S. court system.
Many professional mediators are now in danger of falling victim to our own accomplishments. Instead of enjoying the successes of our past labors, I would challenge us to create a new vision for our industry. Everywhere around the globe, individuals with conflict resolution skills could make a significant impact. We who have been in the field for many years have the competency and experience to instill the knowledge about ADR that those individuals need.
The legal industry is reaching a new financial normal
The legal industry is reaching a new normal of stagnation rather than growth. What are the implications for large ADR service providers, such as JAMS, in an industry that tends to mirror the rise and fall of law firm practices?
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