You’re a busy lawyer. You get a phone call put through from reception. It’s a new enquiry. After a few minutes it’s clear that it’s potentially a matter for mediation. So what do you do? You explain that they should get in touch with a mediator to help. You give them a steer in the direction of the Family Mediation Council website or suggest a few mediators to call. Either way, you’ve done the best thing for yourself, the enquirer and your business. You put your phone down, glad that you’ve been able to help someone at a difficult time in their life, and grateful to be able to get back to work so quickly.

But what you may have just done is turn away a potential client. Look at it from their point of view. They’ve phoned you because either you’ve been recommended, or they may have found you some other way. Either way, they think you or your firm can help them because they believe they need a lawyer. So when they call you, what might go through their minds when you tell them you cannot help (or, help yet)? You might want them to think that you were helpful and that they’ve made a note to themselves to call you when they have a ‘proper’ legal problem. Or they might instantly forget you and your firm’s name. After all, they’re already thinking about researching mediation and looking to speak to a mediation service. A few minutes on the phone with you was probably not enough to build a lasting relationship.

People get in touch at times when they need help and support. You may understand the difference between the legal system and mediation, and how they interact but, chances are, 100% of those who phone you will not – otherwise, why would they have called you? By instantly referring the caller elsewhere, you have effectively lost the opportunity to provide some of the help which the caller was looking for. Someone who would listen to them. Someone who would take the time to explain to them how they might go about solving their problem. Someone who could support them to find someone else to help them and make to supported referral in a way which will maximise the chances of a successful outcome.

These are services they will value. These are services they will be willing to pay for. These are services your business might want to offer. Lawyers typically already offer services like these to clients who need a barrister’s advocacy in court. I’d be surprised if many lawyers told enquirers that they should phone a direct access barrister themselves to get the help needed. The norm, will be to offer to help in some way, if only to send a barrister a written summary of the client’s problem.

So how should you refer clients to mediation in a way which will add value to your legal practice? Next time someone suitable for mediation calls you, how about inviting them to meet you as you would any other client? You can explain why mediation might be more suitable. You can offer to make the referral to mediation yourself. You might find that you can help them during the mediation, as well as when it ends – successfully or otherwise. You might just find you have a client for life.

At Anderson Mediation, we don’t ask for written summaries of clients’ problems (though they would be helpful). Nor do we insist on referral forms. On the other hand, when they are fully and accurately completed, the prospects of a MIAM or mediation getting off to a good start are increased. We have a client referral form that can be downloaded and a version that can be completed online. If you want to find out more about how you might better support clients into mediation, feel free to get in touch.

I am Stephen G Anderson. I am a professional mediator.

Stephen G Anderson, family mediator

Email me | Visit my website