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By Matthew T. Kincaid, J.D., M.B.A. Founder of Kincaid Business & Entrepreneurial Law, LLC Marketing Your Mediation Practice

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Page 1: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

By Matthew T. Kincaid, J.D., M.B.A.

Founder of Kincaid Business & Entrepreneurial Law, LLC

Marketing Your Mediation Practice

Page 2: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

Description/Learning Outcomes/Agenda for

the Presentation:

(1) Strategies to grow and develop your

mediation practice

(2) Lessons from famous business development

and marketing experts

(3) Defining your services

(4) SEO and its usefulness to mediators

Page 3: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(1) Strategies to grow and develop

your mediation practice

Choosing the right name

How do potential clients, or even other

attorneys, know that you are a mediator

The Law Office of Bob Smith vs Smith

Mediation & Dispute Resolution

Page 4: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(1) Strategies to grow and develop

your mediation practice

The importance of a logo

Oftentimes, logos are

The face of your company

A representation of your company’s identity

A way for clients/referral sources to remember you

Picture superiority effect or pictorial superiority effect

The picture superiority effect is a well-documented

phenomenon that is defined as the superior memory of pictorial

stimuli compared to word stimuli (FN1)

(FN 1) Hazamy, Audrey A. Influence of Pictures on Word Recognition. Georgia Southern University, Jack N. Averitt College of

Graduate Studies, Spring 2009. Available electronically at

http://digitalcommons.georgiasouthern.edu/cgi/viewcontent.cgi?article=1430&context=etd

Page 5: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(1) Strategies to grow and develop

your mediation practice

Page 6: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(1) Strategies to grow and develop

your mediation practice

Page 7: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(1) Strategies to grow and develop

your mediation practice

Page 8: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(1) Strategies to grow and develop

your mediation practice

Comparative advantages over litigation

Quickness of resolution

Privacy and confidentiality

Less expensive

Less formal

Greater flexibility and control

Page 9: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts (FN 2)

What can we learn from famous business

development and marketing experts

Selected quotes from very popular business

books that I recommend you purchase and

read from cover to cover

(FN 2) It is recommended that you purchase either digital or print copies of the books discussed herein.

Page 10: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

Ferrazzi, Keith. Never Eat Alone and Other Secrets to Success, One Relationship at a Time. New York: Crown Business, an imprint of the Crown Publishing Group, a division of Random House LLC, a Penguin Random House Company, 2005, 2014. Print.

“When you help others, they often help you. ‘Reciprocity’ is the gussied-up word people use later in life to describe this ageless principle.”

“Because, flat out, people do business with people they know and like.”

Page 11: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

Gitomer, Jeffrey. Little Red Book of Selling. Austin: Bard Press, 2005. Print.

“Liking is the single most powerful element in a sales relationship.”

“In sales, or any business effort, or career position, the person who will emerge victorious most of the time, is the person who wants it the most. Victory does not always go to the swift (hare vs. tortoise), victory does not always go to the powerful (David vs. Goliath), and victory does not always go to the lowest price (Yugo vs. Mercedes).”

“In sales, it’s not who you know. In sales, it’s who knows you.”

Page 12: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

Carnegie, Dale. How to Win Friends & Influence People. New York: Gallery Books, a division of Simon & Schuster, Inc., 1936, 1964, 1981. Print.

“The chairman of the board of directors of one of the largest rubber companies in the United States told me that, according to his observations, people rarely succeed at anything unless they have fun doing it.”

“If, as a result of reading this book, you get only one thing--an increased tendency to think always in the terms of the other person’s point of view, and see things from that person’s angle as well as your own--if you get only that one thing from this book, it may easily prove to be one of the stepping-stones of your career.”

Page 13: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

Vaynerchuk, Gary. Crush It! New York: Harper Collins, 2009. Print.

“Mark my words, if you want to stay relevant and competitive in the coming years--I don’t care if you’re in sales, tech, finance, publishing, journalism, event planning, business development, retail, service, you name it--you will still need to develop and grow your personal brand. Everyone--EVERYONE--needs to start thinking of themselves as a brand. It is no longer an option; it is a necessity.”

Page 14: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

Tracy, Brian. Focal Point. New York: AMACOM, a division of American Management Association, 2002, 2005. Print.

“To get better control of your time, to double your income and dramatically increase the quality of your personal life, you must learn to simplify everything you do. You must be continually reducing and eliminating activities that take up too much time and contribute very little to your goals.”

“Your level of optimism is the very best predictor of how happy, healthy, wealthy, and long-lived you will be. The more optimistic and positive you are, the more energy and enthusiasm you will have. Your immune system will be stronger and more resistant to disease and infection. You will seldom be sick. You will get along with less sleep, and you will have more mental and physical energy throughout the day.”

“The more optimistic you are, the more creative you will be as well. You will constantly come up with great ideas and recognize new possibilities to help you move even faster toward your goals, the goals you think about most of the time.”

“Happiness in life, in large measure, comes from good relationships with other people--in your family and your personal life as well as at your work. The work on emotional intelligence by Daniel Goleman and others suggests that your social skills will have more of an impact on your success than your intellectual ability, education, and experience combined.”

Page 15: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

Altucher, James. Choose Yourself! USA: LioncrestPublishing, 2013. Print.

“Klout as currency. Think about it. It makes sense. If I give $5 to a donut shop, that means a lot less than if Barack Obama gives $5 to a donut shop. If Barack Obama buys a donut for $5, then that donut shop is the “Presidential Donut Shop.” B’s $5 is a lot more valuable than my $5. The $5 is just paper after all. It doesn’t matter who holds it. Klout plus currency equals value in today’s world.”

Page 16: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

To what is this quote referring?

It refers to a Klout Score, a number between one

and one-hundred that represents your influence.

(FN 3)

“Influence is the ability to drive action. When

you share something on social media or in

real life and people respond, that’s

influence. The more influential you are, the

higher your Klout Score.”

(FN 3) Obtained from Klout, Inc.’s website, https://klout.com/corp/score, on January 29, 2017.

Page 17: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

Collins, Jim. Good to Great. New York: HarperCollins Publishers, 2001. Print.

“The executives who ignited the transformations from good to great did not first figure out where to drive the bus and then get people to take it there. No, they first got the right people on the bus (and the wrong people off the bus) and then figured out where to drive it. They said, in essence, ‘Look, I don’t really know where we should take this bus. But I know this much: If we get the right people on the bus, the right people in the right seats, and the wrong people off the bus, then we’ll figure out how to take it someplace great.’”

Page 18: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(2) Lessons from famous business

development and marketing experts

Cialdini, Robert. Influence. New York: HarperCollins Publishers, 1984, 1994, 2007. Print.

“...the principle of social proof. It states that one means we use to determine what is correct is to find out what other people think is correct. The principle applies especially to the way we decide what constitutes correct behavior.”

“We like people who are similar to us. This fact seems to hold true whether the similarity is in the area of opinions, personality traits, background, or life-style. Consequently, those who wish to be liked in order to increase our compliance can accomplish that purpose by appearing similar to us in any of a wide variety of ways. Dress is a good example. Several studies have demonstrated that we are more likely to help those who dress like us.”

Page 19: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(3) Defining your services

Consider what you call your practice

Are you resolving disputes, managing

conflict, a third-party decision maker, or a

peacemaker

Page 20: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(3) Defining your services

Similarly, consider how to describe the mediation process

Many clients I work with don’t understand mediation

Is this required

Do I have to accept the “decision” or “recommendation” of the mediator

Is the court involved with this process

Page 21: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(3) Defining your services

Strategically position your practice

To whom, or to what target audience, are

you marketing

Page 22: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(3) Defining your services

Demonstrate experience and relevant

knowledge

Clients want to know whether a mediator

has handled a case like theirs before

Clients want to know whether the mediator

has knowledge of the customs of their

industry

Page 23: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(4) SEO and its usefulness to mediators

Major social media platforms

Twitter

Twitter profiles, and Tweets, including

pictures, may show up in Google search

results (FN 4)

(FN 4) Obtained from Twitter’s support website, https://support.twitter.com/articles/15349, on January 5, 2017.

Page 24: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(4) SEO and its usefulness to mediators

In other words, Google indexes Twitter

accounts and Twitter Tweets

Twitter has a high Google search rank

Based on my observations, Tweets

with images have a higher likelihood

of being indexed by Google

Page 25: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(4) SEO and its usefulness to mediators

To perform a Google search for your indexed Tweets, use the following, largely unknown, technique:

Log in to your Twitter account

Then, click your Twitter account picture

Next, copy the URL

Next, paste said URL into a Google search bar

Next, immediately prior to the URL (which has already been copied and pasted into the Google search bar), type, without spaces, “site:”

Lastly, hit “Enter” on your keyboard or click “Google Search”

Page 26: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(4) SEO and its usefulness to mediators

Page 27: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(4) SEO and its usefulness to mediators

Page 28: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(4) SEO and its usefulness to mediators

Facebook

Facebook profile posts do not appear to

be indexed by Google; however

Facebook profiles are indexed by

Google.

Page 29: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(4) SEO and its usefulness to mediators

Instagram

Instagram profiles are indexed on the

web, but search engines aren’t allowed

to index your photos (FN 5)

(FN 5) Obtained from Instagram’s Help Center, https://help.instagram.com/587098141302117, on January 5, 2017.

Page 30: Marketing Your Mediation Practice...development and marketing experts Altucher, James. Choose Yourself! USA: Lioncrest Publishing, 2013. Print. “Klout as currency. Think about it

(4) SEO and its usefulness to mediators

LinkedIn

“Search engines like Google and Yahoo periodically review our member directory for new and updated public profile information to show in their search results. This makes your profile searchable on the web.” (FN 6)

From empirical evidence, Google indexes LinkedIn posts made through LinkedIn Pulse, which is known as a “publishing platform”.

(FN 6) Obtained from LinkedIn’s Help website, https://www.linkedin.com/help/linkedin/answer/41/profile-does-or-doesn-t-appear-

after-name-search-on-web?lang=en, on January 5, 2017.