ADR Careers in Conflict Resolution: A Guide

careers in conflict resolution

Because conflict is a part of daily life, many people are starting to see the value of creating careers in conflict resolution to resolve conflicts within the workplace and other situations.  The prevalence of alternative dispute resolution and other forms of conflict resolution has also encouraged the creation of conflict resolution degrees and specialties across the country in colleges and law schools. 

Completing a degree in conflict resolution can be an excellent option for anyone looking to begin a new career. Still, such a pursuit may raise many questions about the options available for someone with a degree in conflict resolution.  This article outlines the possible jobs and careers that can follow a degree in conflict resolution and some of the daily duties and tasks of someone working as a conflict resolution specialist. This article will also focus on becoming a conflict resolution specialist and some steps to make it more accessible.

Types of Conflict Resolution Jobs

When considering conflict resolution careers, it is important to consider the type of job one would like to pursue. It is also essential to consider whether conflict resolution will be the focus of a career or if the training will benefit a job focused on a different skill. No matter what job a person has, having conflict resolution skills will be beneficial because conflict will eventually find its way into any workplace. 

However, some jobs focus specifically on conflict resolution and require vital conflict resolution skills. Some jobs solve disputes for various people, while others require being the main conflict resolver for a specific company or group. The following jobs deal directly with dispute resolution and are considered dispute resolution specialists to some degree.

Mediator

Mediators are conflict resolution specialists who deal with various issues, from family law to business disputes.  They assist the parties in negotiation and allow them to devise a solution.  A dispute will often go to mediation if the parties believe they can settle the case but need extra help to reach that settlement.  Occasionally, courts will order mediation in small claims or in cases that can be settled.  Some common characteristics of mediators are:

Neutral:

A key characteristic of a mediator is neutrality.  Mediators are not on one side of a dispute but work with both parties to reach an agreement. A good mediator will be someone comfortable supporting both parties and not choosing the party they believe is correct.

Creativity:

Creativity is vital for mediators.  Mediation often involves issues that need a creative solution to allow both parties to agree. The best mediators will be creative problem solvers who can see the needs of individual parties and find ways to make those needs a reality.

Intuitive:

Mediators often need to react to the situation in real-time and have little time to think things through. Sometimes, parties will threaten to leave or quit when a settlement is close, and a mediator needs to be able to quickly move into a problem-solving mode to keep the parties on track. This can also mean moving between mediation styles depending on the parties’ needs.

Skilled:

Mediators are often skilled in the area of law or business in which they resolve disputes. For example, a family law mediator often understands or has practiced family law.

When conducting a mediation, a mediator’s typical day will include time for preparation before the mediation begins.  This will usually happen in the days leading up to the mediation.  The mediator will read over anything the parties have submitted and get a feel for the material.  On the day of the mediation, the mediator will begin the mediation with an opening explaining the process and setting the tone for the way the mediation will go.  The mediator will then split the parties between two rooms and listen to what each party needs to make them whole and settle. 

The mediator will then move between the parties with settlement offers. Occasionally, a mediator will bring the parties together to discuss a possible settlement.  If the parties agree, the mediator or the parties will create a mediation agreement.  If the parties cannot agree, the mediator will end the mediation and encourage further discussion between the parties on their own.

Arbitrator

Arbitrators are conflict resolution specialists who function like judges for an issue but act without the formality of traditional litigation.  They hear the evidence resented by all sides and then issue a decision called an award based on the evidence and the law.  Arbitration is voluntary, so the parties agree to have their dispute heard and decided by an arbitrator.  The parties also often have the choice of an arbitrator. 

Arbitration is also binding, so the arbitrator’s decision usually stands between the parties, regardless of whether the parties agree. Some common characteristics of arbitrators include:

Neutral:

Arbitrators, like mediators, must be neutral and not come into the arbitration with a bias toward or against one of the parties. While parties are occasionally able to appoint a friendly arbitrator to the panel, this arbitrator needs to act neutrally toward the dispute and decide based on the merits.

Knowledgeable:

Because arbitrators must hear evidence and decide, they are often knowledgeable about the dispute’s subject matter. This is especially true for arbitrators in specialized industries such as international trade or insurance.

Cooperative:

Arbitration may occur before a single arbitrator, but many are before a panel. This means that arbitrators often have to work together to issue an award and decide the case.

Decisive:

Arbitrators have to decide based on the evidence presented and the law.  However, unlike judges, arbitrators can often be more creative in their decisions and do not have to choose one side totally over the other.   A good arbitrator will see an equitable solution and decide based on what is presented.

Like mediators, arbitrators often prepare for arbitration by familiarizing themselves with the dispute and the issues that must be resolved. This preparation often includes more than that of mediators because parties often submit more information to the arbitrator before the arbitration to help illustrate their case. The arbitration will begin with an opening statement outlining the rules, and the parties will give their opening statements. They will then present their case. 

Arbitrators will listen, examine the evidence, and issue an award after considering everything.  The arbitration may take more than one day, depending on the issue’s complexity, but unlike mediation, the parties do not have a say in how the arbitrator decides.

Organizational Ombudsman

An organizational ombudsman is a person within a company or organization who is the designated problem solver for the organization.  This person will hear complaints from managers, employees, and occasionally clients and provide independent, impartial, and confidential assistance in the issues reported.  This allows issues within the organization to be solved without outside interference but ensures that the issues are heard and employees are not pressured into silence.  Some common characteristics of an organizational ombudsman are:

  • Independent: To ensure that the ombudsman is not swayed or influenced by the company, they will usually serve as an independent employee with no other duties.  This helps eliminate the possibility of conflicts.
  • Knowledgeable: The organizational ombudsman will often know the organization from top to bottom. They will understand its mission and how it conducts business. This will assist the ombudsman in solving issues while ensuring the company’s integrity remains intact.
  • Ethical: Organizational ombudsmen are often the go-to employees for ethical concerns and training. They provide ethical advice and keep the questions and advice confidential to ensure they remain the people who bring questions and protect the company’s integrity.

The daily life of an ombudsman will ebb and flow with the organization’s life.  A day may include conducting ethical training, encouraging a manager to make a wise and equitable hiring decision, and mediating a disagreement between an employee and their manager.  Of the options for dispute resolution specialists that this article provides, the office of an organizational ombudsman will likely provide the most variety of tasks.

The Path to Conflict Resolution

Many people see the value in pursuing a career involving conflict resolution but are unsure how to realize this goal.  While there are examples of mediators and arbitrators in the news, there is little discussion about how to become one.  This is likely because each person who serves as a mediator, arbitrator, ombudsman, or other conflict resolution specialist arrived at their job differently.  However, some basic steps can help someone hoping to understand conflict resolution careers:

  1. Discovery: The first step is to discover the world of conflict resolution and pick the area that best suits one’s skill set and goals. Observing mediations and arbitrations, following an ombudsman, or participating in volunteer opportunities will help hone the area of conflict resolution that will best suit one. This is also where people can pick and develop a specialty if that is their goal. This can be earning a degree in a specific focus, working, or volunteering to gain experience.
  2. Degree: If a career in conflict resolution is the goal, a person will likely need to earn a degree in conflict resolution. Many colleges and law schools provide training in conflict resolution. Some jobs, like arbitrator, will often require law school, while jobs like mediation involve skill-based training related specifically to mediation.
  3. Organization: Once a person is trained, the easiest way to find work is to join a professional organization related to mediation or arbitration.  These organizations can assign disputes and help grow a person’s skill set and network.  If becoming an organizational ombudsman is the goal, it is often best to begin to work with the organization in some capacity to learn the mission and begin to offer services as an ombudsman.

Conclusion

Pursuing a conflict resolution degree is a fulfilling and worthwhile career choice.  Solving conflicts can be incredibly rewarding.  It takes knowing what kind of conflict resolution specialist one would like to be and pursuing the correct training and education to pursue that dream.  Finding creative and new ways to solve conflict helps to reduce the conflict in daily life and makes life a little easier and lighter as we move forward.

Contact ADR Times to learn more about possible careers in conflict resolution, conflict resolution skills, communication skills, and more!

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