Cover Sheet and Class Summary
Class Summary covering Chapters 9, 8 and
To focus students on what they were intended
to learn from the class.
Handout One: Sample Covenant not to Compete
(real life example).
Handout Two: "What Can I Do?"
Handout Three: Practice Drills.
Additional Comments: See the web page
For System Design, two books to consider:
Getting Disputes Resolved, Designing Systems
to Cut the Cost of Conflict (Ury, Brett, Goldberg // Jossey-Bass).
Designing Conflict Management Systems
(Costantino, Merchant // Jossey-Bass).
Chapter 9: Helping Customers Find
Ask yourself: how will potential customers
know you are in the business?
How will those who want to hire you know how
to find you?
Have you begun word of mouth? Does it include
a clear explanation of what you do?
Simple things (e.g. answering machines that
have professional answers, a stable mailing address, a simple web page with
telephone number and mailing address, having a business card, using mailing
Crucial things: getting referrals from people
in related fields. Page 9.12 - the list you need to remember. Page 9.13 a
check list (this should go into your marketing plan - you should note how
you plan to list yourself with each of these groups).
Easy to glitch: going to the right trade show
(i.e. one with customers, not one with competitors).
Chapter 8: How to Let Customers Know
Your Business is Excellent.
First, you have to tell them yourself. Remember,
you need to have a reason to believe in yourself and you need to share that
reason with others.
Second, you need positive word of mouth.
Review the material on the value of word of
mouth recommendations again.
Consider your sources of word of mouth
Third, you need "indicia of quality" (i.e.
your graduate certificate, other credentials). A J.D. is not the only "indicia
of quality" and you can market the alternative (i.e. you might say: for
real problem solving that meets your needs, not just legal analysis, contact
the mediation group).
So, how do you "tell them yourself?"
By the way you "look" (i.e. clean, uncluttered,
By communicating functional information.
By giving them the tools to judge your services
(e.g. you might provide clients with:
"how to make your mediator work"
or a similar outline of useful information). See page 8.11.
By following up with customers. (Satisfaction
surveys are a good excuse.) Give them the tools they need to recommend you
(see page 8.15). Giving them the tools to recommend you should be a part
of your marketing plan. See also page 12.11.
It is a good idea to get permission to use
customers for referrals (see
also page 8.17
By providing letters of engagement, even when
the services are simple. The letter focuses on professionalism and should
provide additional material to provide a-c above.
By participating in community workshops and
Remember that this is a constant process.
Chapter 12: Designing and Implementing
Your Marketing Plan.
Decide who you are and what you do. This is
how your marketing plan begins and the purpose of the relevant
Decide who will be your customers and what
you are going to do for them.
Decide who has contact with your customers
- who will be the vectors for your word of mouth.
In mediation services, especially consider
who your gatekeepers are.
Decide how to market your services.
Direct marketing (including
Remember you are marketing, not being
Give people a contact that they welcome rather
than one that imposes.
Consider updating people on advanced techniques
"A little extra" from cookie machines to
Is there a way to demonstrate via seminars,
etc.? (Page 12.10).
What is complementary to what you do?
AAA and forms ....
"When problems arise"
When should you join a professional association
and which one?
Inviting fellow-students to SMU activities
they might not know about.
Remember: most marketing is of existing businesses
in existing markets (e.g. the textbook example of a new chiropractic clinic
- there are even more chiropractors than dispute resolution
Question and Answer Session.
Introduce yourself - 15
Introduce yourself - 90 seconds.
Respond to question: what do you
Respond to question: why do you do
Respond to question: who uses your
Do you say that you "Facilitate the Hypothecation
of realty" or that you help people take out second mortgages. (Hypothecation
is the pledging of real property to secure debt). Worksheet review:
Do People Know What You Do?
Do you have a concrete market in mind (e.g.
banks in receivership, health care practices with personnel problems, personal
injury attorneys) or is your market still too diffuse (people who are
Do you have any current connections with your
target market? What do you know about your target market.
Who are your gatekeepers? When you meet one
who asks you what you do, how do you describe your services?
Who are your peers. When you discuss what you
do with your peers, how do you describe your services?
Who are your end customers? Do you give them
tools to recommend you to gatekeepers and peers?
CAN I DO?
The training you have received is useful to
make what you do better. People in the program have used what they've learned
in the program as insurance adjusters, contract officers, EEOC compliance
officers, in human relations programs, consultants and in general, they have
applied dispute resolution skills to further their professional goals and
skills. Some people have also used the skills, in connection with their
background training and professions, to become primarily dispute resolution
You need to decide if you intend to "do what
you do better" or to use what you have learned to change what you are doing.
Are you going to improve your current career or change and/or expand what
you your career is?
To decide that you need to consider both what
you can do and what you want to do. When you look at what you want to do,
consider what you are willing to expend in the way of time and effort to
obtain what you want and how much risk you are willing to embrace.
Also decide which path you want to take to
your goal. (Example, sometimes I drive home after class by taking the Toll
Road to the George Bush, sometimes I take the surface streets but first I
know where I am going, then I decide how to get there.)
Start by stating what you do in terms a lay
person can understand.
Next, name a specific need solved by what
Then, identify a specific group that has that
Finally, consider how you are going to communicate
with that group.
That is what a marketing plan is.
You must both decide what you want to change
about your profession and how much of that change you are willing to encounter
and at what price.
Note: a real marketing plan related class takes a minimum of a full semester
and 45+ class room hours. Most clinical nursing programs require such a class
for graduation. This section of this class is designed to introduce you to
basic concepts, not to substitute for taking substantial time and effort
in reflecting, planning, considering and executing.
Ideally you will take the following
Create the initial marketing plan required
by this class.
Discuss and refine the plan with your group
in the class.
Discuss and refine the plan with the class.
(The first three steps are required to pass the class).
After the class is over, reconsider and refine
the plan as you have time to reflect on it.
Implement parts of the plan from time to time
as you progress towards graduation.
Keep and nourish a support group of like-minded
friends and professionals.
Remember to believe in yourselves.
This Website is by Stephen R.
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