Starting off, I spent countless hours talking with prospects, educating them about neutral work, posing resolution pathways, offering quotes and modifications – all free, hoping for that magical: “yes.” Back then, I had a lot to learn about my clientele, about sales, about the market awareness of neutral work (or lack thereof). I also wanted every prospect and client to have that personal touch of speaking directly to their potential mediator – no receptionist, no chatbot. So I’m glad I did the hard work. Now it’s different. Demand is higher, as is the need to provide more value with less time.
Business to Consumer, Civil Disputes
Like many novice mediators, I knew mediation could be applied everywhere: employment, housing, construction, and so much more. So, I took those cases and more. The problem was marketing. I thought that a wider “net” would catch more “fish.” But the wider I stretched it, the larger the mesh holes became, and the more got away. My efforts were scattered, talking about every type of dispute under the sun. Creating endless content. All while failing to resonate. Loose content, loose net, less fish.
Then I began working on the marketing and sales process “upstream.” I implemented short (15 minute) “discovery calls” to qualify cases, saving everyone time if they wanted or needed counsel. I tightened up my qualifying questions by identifying key characteristics in my “ideal” clients. If there was initial fit, both the prospect and I felt more time made sense. “Please take a few minutes to fill out this form so I can better help you” – something they were happy to do as a second touchpoint. The tools? A bookable calendar – standard, yes, but available directly from Google and elsewhere. Forms (Hubspot, Google), specifically a variety to select from depending on discovery call details.
I also noticed many cases weren’t “ripe” for mediation – if only the caller bought in, no dice. I started offering one-to-one pre-mediation coaching services, providing neutral assistance, enabling them to create a draw for the other side to come to the table; once done, mediate as usual. Again, I noticed patterns – in callers, the sales process, and my service – and packaged offers accordingly. Worksheets were critical here: because most clients needed negotiation 101, I distilled the development areas (e.g. crafting the BATNA/WATNA) to provide comparable value with drastically less time, while enhancing precious joint-session time.
Selling to Businesses: Routine, Scale & Efficiency
Selling to businesses started similarly, placing me too close to burnout. Then I landed a contract narrowing my focus on housing disputes. It was there I realized I had the essentials of an offer: a passion, honed skills, pressing need, and a sellable offer. Now, HousingShield provides early interventions, putting out fires while they’re small, preserving value lost to delay and litigation.
The savings justifies program costs.
Offering the program was another animal entirely: I traded marketing and sales challenges for the (great) problem of capacity, wondering “how am I going to address such a huge volume of disputes?” We’re talking 450 units with a 30% eviction rate, annually. And everyone needed the same education, the same negotiation 101, and more.
Then I thought back to my time as a program manager for a SaaS company, overseeing 70+ clients alongside team performance and product development. “Aha!” Pre-recorded videos. I condensed some of my early education efforts into “off the shelf” content and because no one reads anymore – well, except you dedicated folks who love our craft dearly – why not video? Forms and worksheets, too? You bet! I’m using Loom to host content and control access affordably.
The value of those tools was the same, regardless of context. And because these renters were low-income, their priorities aligned with trading in-person time for cost-savings. I’m still in the process of taking on cases, noting the most prominent patterns and trends, and creating readily available content to serve affordably. This process will likely never end – and that’s okay because I enjoy it; now I’m even exploring a partnership with a fellow consultant to help create a 6-month practice-building bootcamp.
Apply This Now: Where Can You Start?
Let’s be real: none of this matters without execution. Start with one essential question: where and how can you implement these and similar improvements to your practice so you can do more neutral work? In essence, my personal answer is: the more I identify trends in my practice, the easier this will be; the more I’ve focused on a niche, the more those trends were less discovered, and more selected by design.
If you’re struggling to think of application arenas, here are some ideas. Operations: anything repeatable (specifically time-intensive, with low customizations, in high volume) is a candidate. Agreement to mediate, anyone? Marketing: strategize to identify your ideal client, their biggest pain points, and create reusable content with those to make your efforts more efficient and effective. Service delivery: consider areas where some prep work might better prepare clients for your time, then package it – the key is unpairing value delivery from time. All of this gets easier with time! Stay in tune with your purpose for getting into neutral work, ask for help, and you’ll be there before you know it.
