How to Find a Mediator
December 19, 2022 –
Once the parties of a dispute reach the decision to mediate, they are then faced with the task of finding a mediator. Often, the court or the mediation agreement itself may specify where the parties should select a mediator. Other times, the parties have more leeway with selection. In this case, there are several areas the parties can look for vetted, qualified mediators.
Amongst the largest private providers of alternative dispute resolution (ADR) services, are the American Arbitration Association (AAA) and JAMS, which both provide mediator directories. The AAA’s National Roster of Mediators includes industry leaders and distinguished judges who must adhere to the AAA Mediators Model Standards of Conduct developed by the AAA, the Association for Conflict Resolution, and the American Bar Association (ABA). JAMS has a Search Neutral Directory, which allows users to conduct searches based on name, office(s), language, practice area, and judicial background. The directory comprises highly respected judges, former litigators, and current attorneys from diverse backgrounds and practice areas who are subjected to extensive, ongoing training in alternative dispute resolution. Notably, JAMS mediators offer cost-effective mediation formats for every dispute, such as half-day options.
The New York State Bar Association is another highly regarded and trusted resource that parties can use and includes a Mediator Directory. Users can use the directory to find the right mediator for them based on the following criteria: language, experience, location, area of practice, and online mediation availability.
National Arbitration and Mediation (NAM) is also a great mediation resource and has been ranked #1 in multiple ADR categories, including mediation, by the New York Law Journal Best of Survey for twelve consecutive years. NAM’s mediator roster is made up of esteemed former judges and legal practitioners. View NAM’s NY Metro Roster here.
In addition, the National Academy of Distinguished Neutrals provides a state-based Member Directory and a more detailed Neutral Search to help parties find experienced mediators specializing in civil and commercial disputes throughout the country. Membership is based on a highly selective, invite-only process that uses peer nominations and due diligence research conducted in each state.
Further, the Association for Conflict Resolution (ACR) provides a Member Directory to help connect parties to qualified mediators based on their geographic location and area of expertise. All ACR members agree to honor the ACR Standards of Practice and to participate in an Ethics Review Process.
The ICC International Centre for ADR, made up of a staff of experienced international lawyers, is another private entity offering mediation services. All ICC mediations are administered by the ICC International Centre for ADR and are required to follow the ICC Mediation Rules. Interested parties can file a request for mediation here.
The International Institute for Conflict Prevention & Resolution (CPR) also offers top-notch mediation services for disputes between both United States parties and transnational parties. CPR mediator panels consist of eminent former judges, legal academics, and outstanding conflict resolution professionals. Members can use CPR’s Find a Neutral search feature.
Those looking for a cheaper option may be Interested in Volunteer Lawyers for the Arts’ (VLA) MediateArt program. The program offers mediation services to artists in a confidential, neutral forum at a nominal cost. MediateArt mediators complete Training Workshops hosted by Orrick, Herrington & Sutcliffe, LLP. To submit a request for mediation, click here.
The parties may also want to turn to the court’s roster of mediators. The New York State Unified Court System has a Statewide Mediator Directory, which lists experienced mediators with profiles and backgrounds who have been approved to mediate for New York trial courts. Common issues addressed involve divorce/family issues, small claims, landlord/tenant disputes, personal injury matters, and attorney-client fee disputes. The directory allows users to refine their search based on location, subject area, language, experience, and education. For smaller cases, parties should look at the Community Dispute Resolution Centers Program (CDRCP).
Depending on the nature of the dispute, the following links may also be helpful court resources:
New York County/Manhattan Commercial Division Roster
Court-Based ADR Programs: New York City
Custody/Visitation Mediation Program
New York City Small Claims Court Services
United States District Court for the Southern District of New York: Mediator Roster
CASTAYBERT PLLC can assist you in selecting a mediator from one of these organizations or from their network of mediators with whom the firm has worked with when representing their clients in commercial mediations. To see how CASTAYBERT PLLC can assist you in mediation, click here.
