#86 Rebranding from Litigation to Out-of-Court—What Actually Works

Thinking about leaving litigation behind and stepping into mediation, arbitration, or collaborative law? In this episode, Sylvia Garibaldi shares exactly how to make that shift with clarity and confidence. You’ll hear how to reframe your identity, communicate your new direction, and build a brand that resonates. From social media strategies to referral relationship tips, this episode is packed with practical advice to help legal professionals grow a values-aligned, visible, and thriving practice!

Inside this episode, you’ll learn:

• 01:31 Shifting from Litigation to Alternative Dispute Resolution
• 03:06 Reinventing Your Brand
• 06:17 Defining Your Niche
• 09:56 Announcing Your Transition
• 14:04 Updating Your Online Presence
• 20:14 Building Referral Networks
• 24:43 Consistency and Metrics

Resources:

• Feeling stuck about how to grow your practice, book a free strategy call here.
• #6 Pivoting with Purpose: Your Toolkit for Successfully Transitioning Your Practice
• #3 Unleashing the Giant: The Untapped Power of Referral Partnerships  
• #1 Online Visibility Made Easy 
• #70 How To Use LinkedIn To Get Booked As A Speaker 
• #57 Rebranding Made Simple

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Transcript

[00:00:00] If someone hears about you. And heads to Google or LinkedIn for example, because we know that LinkedIn shows up in the search engines on Google. What are they going to see? So if your online presence still screams litigator, but now you're a mediator or an arbitrator or a collaborative professional.

There's gonna be a disconnect, right? And what we know is disconnects will always kill trust. I am Sylvie Garibaldi, founder and CEO of a well-established marketing training and done-for-you services company, tailored specifically for the modern legal and financial professional worldwide. While it's taken some trial and error to figure out which methods get the best results for professionals who are looking to grow their practices, fast forward to today.

My team and I have nailed down and perfected a process that has helped so many of our clients [00:01:00] consistently achieve outstanding results and create a legacy for their practices. I created the Serve First Sell Later marketing podcast to give you simple, actionable, non-salesy and results driven marketing to grow your legal or financial practice like so many of our clients have.

If you're a lawyer, mediator, financial or divorce professional who is looking to become highly visible and wants to create a practice that makes an impact, then you're in the right place. Let's dive in.

 Hello everyone, and welcome back to episode 86 of the Serve First Sell Later Marketing podcast. I'm your host, Sylvia Garibaldi. So if you're a lawyer, a litigator, or someone who has spent years in the courtroom and lately you've been feeling that tugged towards something different, maybe something less adversarial, something more collaborative, or maybe something that just feels more aligned with.

How you want to serve. Then this episode is for you [00:02:00] because today I am gonna be talking about what it really takes to shift your identity from litigation to perhaps mediation or arbitration, maybe collaborative law. And so we're not just talking about new business cards or a LinkedIn update, we're talking about a full brand transformation internally.

And externally, because when you go from arguing cases to resolving conflict, what happens is your positioning, your messaging, your content, and yes, even your mindset needs to evolve with you.

So whether you are in the early stages of this transition, or you've already made the leap and you're now wondering how to get your brand to catch up with your vision, then I want you to think about this. You're not leaving law. You're growing into a new way of practicing it. One that really empowers your [00:03:00] clients, respects your values, and builds long-term relationships instead of short-term wins.

So stick with me 'cause I'm gonna break this all down step by step. So lemme be upfront with you. I am not a lawyer. I haven't stood in a courtroom and I haven't argued a case. But what I have done is I've worked closely with lawyers and attorneys who've done just that, and then decided they wanted something more.

And so when they come to me, the conversation usually starts like this. I'm burnt out. I'm done with litigation. I wanna shift into mediation, collaborative law, arbitration, but I don't know how to position myself without confusing my network or losing credibility. And I also wanna keep business coming in.

Does that sound familiar? That's where I come in because over the years I've helped many professionals reinvent their brand and business model that [00:04:00] basically helps them shift from courtroom battles to resolution focused practices that really aligns more with their values. And here's what I've seen again and again.

This transition is not just about changing your title. I wanna be clear about that. It's about rethinking your identity, how you show up, how you communicate, and how you lead. So let me break down what usually drives this shift for the lawyers and legal professionals that I work with.

So first off, they are very tired of fueling conflict. They're burnt out. They wanna move from fighting for people to helping people. . And so mediation, arbitration and collaborative offer that path.

They also crave work that aligns more with their values. They wanna be peacemakers, not warriors. They wanna solve problems and not just win cases. Because a lot of these professionals, when they seek me out, [00:05:00] they basically say that they've seen. A lot of stuff happened in the courtroom, and so much of what happens in the courtroom could be resolved so much more peacefully, , outside of the courtroom.

And so this usually motivates them to want to make this change. They also wanna empower their clients instead of feeling like passengers in a high speed train, a DR gives them the wheel. It's more humane, it's more empowering, and it's more lasting. But here's the challenge. Most of them have spent years or even decades building a reputation as strong litigators.

So when they shift into alternative dispute resolution, they don't always know how to bring that network. That brand and that credibility with them, because that's the real work. And so reframing the story, so it sounds like an evolution and not a rejection of their past. So they're not [00:06:00] really starting from scratch.

They're building on a rock solid foundation. And the first step in doing that, that means getting really crystal clear on their niche. What they offer, who they serve, and where they show up. Alright, so let's get into the heart of your brand, what you do, who you serve, where you show up. Because here's the truth, if you're not clear on this.

Your audience won't be either. So when I work with lawyers who are shifting into a DR, whether it's mediation, arbitration, maybe just collaborative law, the first thing we do is we simplify, no jargon, no fluff, just three simple things. What do you offer? Who do you serve, and where do you engage them? So I wanna break this down.

What do you offer, I guess is the first thing, and this is more than just saying. I'm a mediator. Are you a divorce mediator? [00:07:00] Helping couples avoid court. Are you a workplace mediator resolving high stakes conflict inside of organizations? Or are you a collaborative lawyer guiding families through a more respectful team-based divorce?

Whatever it is, you need to own it and you need to name it. And we work with our clients to help them do this. And you have to get very specific because what we know is that generalists will get lost in the scroll. Specialists always get booked. Okay. You also wanna be clear on who do you serve. Yeah, not everyone going through a divorce, not anyone with a conflict.

Instead, you could say something like, I work with high conflict co-parents who want to build a sustainable parenting plan, or I help HR leaders resolve team breakdowns without resorting two formal investigations. So the more clearly you define your audience, [00:08:00] the easier it becomes for them and your referral partners to recognize.

That you're for them. Where do you engage them? This is another important question, and this is about being visible where your people already hang out. Are they on LinkedIn? Are they on Facebook? Are they in professional associations? Are they attending specific conferences?

Are they searching for answers on Google? Are they listening to podcasts? If your audience is searching, posting, or listening there, you need to be showing up in those spaces. So once we've nailed down those three points. We build your value proposition and this is your one liner, your elevator pitch, your hook.

And so here are a few that we've worked for with our clients that I've coached. You can say something like, former litigator turned family mediator, bringing 20 years of courtroom insight to calm, respectful [00:09:00] divorce resolutions. Another one is helping organizations resolve conflict through clear, efficient.

Mediation so teams can get back to business. Okay, so these are different lines that we've used. And so, , the line that you use, for example, on your LinkedIn headline, you know, your website bio, your intro at networking events, all of these things have to be rolled into these places because it's your brand.

And, and so it needs to be consistent because remembering clarity creates. Trust. We need to keep that in mind at all times because confused. People don't book consults, and as a result of that, they can never buy from you.

So before we talk about announcing your shift to the world, you need to make sure that you're crystal clear on what you offer, who you serve, where you show up, and most importantly, why it matters to the people that you're trying to reach.

So now that you're clear on what you offer, who you [00:10:00] serve, and where you show up, I wanna talk about how to let the world know that you're making this shift or that you've made this shift. Because here's the mistake I see way too many professionals make they quietly update their LinkedIn headline. They wait for the referrals to roll in.

They maybe change their website, but they don't actually tell anyone what's changed. Or why it matters. And in my opinion, that's not a strategy, that's just a wish. So if you want people to see you differently, you have to guide them through the shift. So for example, you start with your network. These are your referral partners, former clients, professional peers, people who have known you as the litigator.

They need to hear it straight from you. So here's how I've seen clients do this. Well, a direct email to their network, a LinkedIn post, explaining the story, telling the story, a short video, maybe explaining the evolution, a blog article [00:11:00] about why I've transitioned from litigation to resolution work.

But the key here is evolution, not departure, right? You're not abandoning the courtroom. You're building on everything that you have learned from this. So you could frame it like this. For example, after years in litigation, I've transitioned into mediation because I believe clients deserve more control, lower costs, and outcomes that preserve relationships, not destroy them.

So it's confident, it's clear, and it's forward thinking. So you need to hit the right talking points because when you're announcing this shift, four ideas should always show up in your message. The first one is neutrality, right? You're not here to take sides. You are here to help both parties find workable solutions.

Cost efficiency. A [00:12:00] DR often saves time and money, and I think that's a big win for clients and referral partners. Client control. Unlike litigation, mediation, and collaborative law, give people a say in their outcome. And then interpersonal resolution, right? You're not just solving legal issues, you're helping people protect relationships, protect businesses, and protect futures.

That is worth something, and that is a big selling point when you're making this shift. Okay, here's a quick example. Let's say you were a divorce litigator and now you are practicing collaborative law. Your announcement might say, after 15 years in family court, I've made a shift. I'm now focused exclusively on collaborative divorce, a process that's really designed to help families separate with less conflict.

More dignity and better long-term outcomes. My courtroom experience gave me loads of insight. Now I just use it to [00:13:00] keep people out of court. That sounds pretty powerful, right? Because we didn't erase their past. We're just building on it. So here's what I'd recommend. Choose one to two platforms to announce your transition this week.

Maybe email, maybe a blog, , a, a video. Then you wanna use your voice, but keep it personal, keep it professional, and keep it clear. And then you wanna also frame it as a natural next step, not a drastic departure. Okay, I hope that's making sense. And then you wanna invite people to reach out, to refer or learn more and make it easy to engage with your new direction.

Because if you don't lead the narrative, people will assume nothing has changed. By the way, if you're finding this episode valuable, I've covered related topics in past episodes that can help deepen your understanding, so please be sure to check out those [00:14:00] episodes. I'll drop the links in the show notes so you can easily find them.

Okay, let's be honest. If someone hears about you. And heads to Google or LinkedIn for example, because we know that LinkedIn shows up in the search engines on Google. What are they going to see? So if your online presence still screams litigator, but now you're a mediator or an arbitrator or a collaborative professional.

There's gonna be a disconnect, right? And what we know is disconnects will always kill trust. So here's the rule. Your online presence should match your current positioning, not your past experience. So we need to curate this content online. So I wanna walk you through three areas that you have to tighten up when you are making this transition.

The first one is your website, so your homepage obviously needs to make it instantly clear. You offer [00:15:00] mediation or arbitration or collaborative law, but not litigation. Okay, you wanna remove outdated language if you are making the full transition into litigation. I, I will preface this by saying that, , some lawyers, what they do is they still wanna keep litigation in the mix.

As an, an additional offering, but put more focus on mediation., So some attorneys may do that. Others will go straight into, mediation or collaborative law and remove all references to litigation. So whatever it is, you wanna remove the outdated language and add a clear description of what you do now and why it matters.

So a quick checklist is do you have a page specifically about your mediation or collaborative law services? Do you explain how your process works in plain language? That's gonna be really important. Do you list. Your qualifications, your training, your certifications in this new service offering of mediation, collaborative, [00:16:00] or arbitration, right?

That needs to be clear there as well. And do you have an FAQ section or a blog answering the questions that your ideal clients are already Googling? If not, then you could be leaving trust and leads on the table. So super important. , And we also know that, , blog posts work incredibly well. So share those stories about how the process has helped people avoid court, save money or protect those kids.

, And so, you know, these are really all trust builders, so super important. The second thing, , you want to do is you want to be able to, , engage in. Various speaking engagements. Okay. And this one's really underrated, but powerful because if you enjoy talking more than writing, then you can position yourself as an expert, , and get yourself booked on different stages, podcasts, right?

, So thinking about that can be super important. And you know, if you wanna [00:17:00] really drive this up a notch, you could even start your own podcast, which, , will really help you speedy up the process. So you can speak as a guest on podcasts, you can have your own podcast, and you can get yourself booked on different stages.

And, , you can talk about things like what actually happens in a mediation session, , maybe collaborative divorce versus traditional divorce. What's the real difference? So guesting on these different shows will be important, and finding those

shows Or, actual. Stages that you can speak on. Okay. So super, super important, , to find these different platforms so you can spread your message. We know that speaking is a very valuable tool that really just intensifies the process in having you become known in the industry.

And the third thing is LinkedIn and social media. Other social media platforms. So let's get this one right, because most professionals underuse it. Here's your checklist, [00:18:00] your LinkedIn headline needs to change. It needs to say. You are no longer doing, , litigation. So you can say something like mediator for high conflict divorces.

You could say former litigator. , But you really need to be clear on, you know, the, alternative dispute. Route that you're taking in your headline, because that's what people are searching. Your profile photo and banner image should match your updated identity and brand. In your about section on LinkedIn, you need to share your story, like where you came from, where you headed, and how you can help.

And then here's the key thing. You need to post regularly on. Your new way of delivering a service, right? These regular posts are gonna build authority, and they're not just gonna announce your services as a one-time post. No. This has to be consistently spoken about so that people get to understand what you do and who you serve.

So quick content [00:19:00] ideas. Are, , insights from real cases, breakdowns of common myths, personal reflections on the shift from litigation to resolution, , reposts of any of your speaking engagements, podcast clips, blogs, any commentary on news stories related to, you know, dispute resolution. Think about that.

So don't just post. You also wanna make sure that you are engaging in the posts of others. Comment on others' posts, join conversations in different groups. Position yourself not just as an expert, but as a voice. In the community. So for example, if you're a workplace mediator, maybe you were an employment lawyer and you shifted over into, , workplace mediation, find those places, find those legal groups, find those HR groups where you can show up more consistently.

Alright, so your online brand is your storefront, so please make sure that it's open, that it's up to date, [00:20:00] and that it clearly communicates who you help and how.

Okay, here's the deal. Your calendar does not fill up just because your website looks great or your profile is polished. Referrals still drive a huge chunk of business for mediators, arbitrators, and collaborative professionals, but. The mistake I see all the time is that people assume that their old referral network will automatically send them new types of clients.

Well, here's a spoiler alert. They won't unless, unless you educate them first. So let's talk about this strategy. So I think the first place to start is you need to reengage your existing network. You already have people who trust you and that's gold, but they need clarity on what exactly you're doing now, what kinds of cases or clients are the best fit, and [00:21:00] how to introduce you to someone in a way.

That feels easy and natural. And so here's what works. One-on-one emails or direct messages to your best referral partners. You need to announce this, change to them, and invite conversations. Super important. A virtual coffee chat to reconnect and update them on your transition is gonna be important to do as well.

Maybe invite them out to lunch. Whatever it is, please don't overthink it, but just make it personal, clear and relevant. So I think the first thing is to really. Make a list of those contacts and then start targeting them through the appropriate channel to announce your transition. And the second thing you wanna do is you wanna build new referral channels.

So let's say you've moved into family mediation. You need family lawyers who don't mediate therapists, who work with couples or kids, maybe divorce [00:22:00] financial analysts. , So, so super important to really find those referral channels. I'm just giving you a few quick examples, but there are so many more, , than the ones I've just listed.

Maybe you're doing workplace mediation, so HR consultants, employment lawyers, who don't do mediation, leadership coaches. Okay? So if you're in collaborative law, other collaboratively trained lawyers, neutral financial professionals, mental health professionals who do parent coaching, for example, so remember.

You are not looking for competitors. You're looking for professionals who share your audience, but solve different problems. These are your power partners and you need to nurture these relationships. You need to find them and you need to spend time with them so that,, there are collaborative cross promotional opportunities that you can leverage.

And you also want to show up where they are. So [00:23:00] attend events, panels, conferences that aren't just for professionals like you. So for example, maybe a DR associations, HR events, therapist, communities. These are all filled with potential partners. Better yet. Offer to present. Be a speaker at these opportunities because when you're on the mic, you're seen as the expert and people remember who taught them something useful.

You also wanna make it easy to refer you, so create a one pager or a referral sheet, and it should include who you help. What problems you solve and how to refer someone, such as an email intro, a calendar link, et cetera. So what to expect in your process is gonna be super important as well to include.

So also think about one to two small client success stories, , and share those because those stories will always stick. The bottom line here is. [00:24:00] Referral partners are not built overnight, and we know this. So it takes time, it takes trust, it takes consistency. And it's also a numbers game because you cannot rely on two to three referral partners.

You need a lot more than that. And that's the reality that many people dismiss. Many professionals think, oh, if I just have one or two really good referral partners. Unfortunately that's not what we're seeing. You do need several referral partners, to keep that flow consistently coming in, but once they know what you do and who you serve, these referral partners will start sending people your way again and again.

And that's the power of building these referral partners. Alright, so this is where most professionals fall off. They get really excited about the shift. They update the website, they post once or twice about their transition, and then crickets. Here's the reality. Visibility [00:25:00] is not a one-time event. It is a discipline, folks.

It is a discipline. If you want consistent clients, you need consistent actions. So no random flurries of activity every few months, but really a simple, repeatable system that keeps your brand moving forward. So here is rule number one, block time to build your brand.

Okay, this is super important. Set aside 20% of your work week for marketing, for visibility, for outreach. So what does this look like? It could be one hour of writing content, it could be an hour of connecting with referral partners. Maybe it's an hour searching for different shows or stages for you to speak on.

Maybe it's creating a video. , It could be one hour reviewing analytics or updating your site. You don't need to do it all at once, but you do need to do it on purpose. Okay. [00:26:00] Rule number two is please use templates to save your sanity. Everything I teach my clients is designed to be plug and play, and here's what you should be templating, really, your intake forms, your referral follow-up emails, your thank you messages, your social media content calendar, your onboarding workflows.

If you're reinventing the wheel every time, you're going to burn out fast. You need to systemize what works and then repeat it. Okay? We work with so many clients, , in the marketing space that are making this transition, and it's important to make sure that you have a process put in place.

Rule number three is content doesn't need to be complicated. You don't need to go viral, you just need to stay relevant. So create a simple content rhythm. Maybe on Mondays you share quick insights or myth [00:27:00] busting posts. Maybe on Wednesdays you share a case study or a lesson learned.

And on Fridays you engage with others and comment on key posts. . And then maybe on Fridays you share a simple update to what's happening in the industry. So just set a timer, write it, post it, and move on.

Because consistency will always beat perfection. So the goal here isn't to become a full-time content creator. The goal is to build trust, to stay visible, and to make sure that when someone needs a mediator or a collaborative professional, they think of you first. And so, if any of you fit into this boat and you're looking to make this transition, then I encourage you to reach out to me.

There is a link in the show notes. Um, feel free to book a consultation call. We can talk to you about how we create social media to create that ongoing visibility for your transition. We also offer marketing coaching where we can help you build this all out. So if this is [00:28:00] you, I encourage you to reach out.

Okay, let's be real here. Posting, networking and creating content feels good, but if you're not tracking what's working, then you are flying blind and more. Effort is not always the answer. Right. Smarter effort is, so let me break this down, so that you can figure out the best way to measure success without being buried in vanity metrics.

And , I'm not gonna, , sugarcoat this, many people are fascinated with vanity metrics, but it's super important , to really avoid thinking about, oh, how can I get these vanity metrics up? Okay. So I want you to start with the right metrics, not likes. Not views and not impressions. Here's what actually matters.

Website traffic. Are people visiting your site after you post or speak? Consultations booked. This is a big one. Are your efforts turning into conversations, [00:29:00] referrals received? Are your partners sending you ideal clients? LinkedIn direct messages or email replies? Are people reaching out because of what you shared?

Maybe it's podcast downloads or video replays. Is your content being consumed? That's what we need to track. Everything else is noise. Okay. , I wanna make that very clear because as I said, people are fascinated or obsessed with vanity metrics. Oh, I'm not getting enough likes, I'm not getting enough views.

, And really it's, is it translating into results? That's what we need to really put our focus on. You also need to ask for feedback right after a consultation or maybe a webinar or a workshop that you've delivered. You can ask things like, how did you find me? What made you reach out? Was there anything that stood out about my messaging or presentation that resonated with you?

And so you need to ask this because people will [00:30:00] tell you if you ask. And their language. Use it in your content. Super important because that's marketing gold, and don't be afraid to. To pivot, right? If, if something's not working after 90 days, tweak it. That could mean adjusting your messaging posting at different times.

Shifting focus to a different platform, rewriting your service page, testing new referral outreach templates. This is something we do with our clients all the time, right? This is not failure. This is refinement, and great brands will always evolve. And so here's the mindset shift I tell every client.

Don't just be consistent. Be consistently better, measure, adjust, and always grow. Alright, so I wanna bring this home. Here's what I've covered so far. You can't just change your services. You have to reframe your identity. You need to get crystal clear on your niche. What you offer, who you [00:31:00] serve, and where you show up.

You need to communicate your transition with intention. This one's really important. Please don't assume people will figure it out, and your online presence matters. You need to curate that content because it's your silent pitch that's working 24 7. Referral networks still drive business. We know this, but only if you re-engage and reeducate your referral partners.

And here's what we know for sure. Consistency will always beat perfection. So systems keep you sane, and metrics will always guide your next move. So here's your action step. Choose one platform this week. Just one. And publicly share this transition. Tell people what you do now, why you made the shift, and who you help.

Keep it simple. Keep it human and keep it clear. [00:32:00] And if you're still hesitating, I want you to ask yourself, what identity do I wanna project and who needs to see it the most? Right? That's your starting point. You don't have to do everything overnight 'cause that can feel pretty overwhelming. But you do have to start.

That's the reality because the professionals who grow in this space are not the loudest. They're the most consistent, the most clear, and the most committed to leading with value. If this is you and you're really interested in making this transition, then I welcome you to book a consultation call with me.

You can find the strategy call link in the show notes. Thank you for listening, and if you found this helpful, share it with a colleague who's maybe thinking about making the same shift. Thanks for tuning in today, and if you haven't already, make sure to subscribe so you don't miss future episodes packed with actionable strategies to grow your practice.

See you in the next [00:33:00] episode.