How does one become an arbitrator or mediator in court proceedings?

Mediators do not provide legal advice and will not judge you in your case. Members of the Court Panel must meet the minimum training and experience requirements. It requires the submission of a post-mediation survey within 10 days after the end of any court-related mediation session, regardless of the outcome of the mediated case. The alternative dispute resolution methods offered by arbitrators, mediators and conciliators are often faster and less expensive than trials and litigation.

However, you can initiate mediation (or another form of ADR) at any time during your case, even before the lawsuit is filed. This form tells the Court that the case is going to be submitted to an ADR, the type of ADR it will use and who is the neutral one (the mediator or the evaluator). Before the arbitration hearing, the case manager sends the parties a list of potential arbitrators and a brief description of their background, which the parties return after crossing out the names of people whom they do not want to act as arbitrators. Mediation allows litigants to have a say in conciliation decisions and, therefore, allows participants to play a more direct role in managing the outcomes of their own cases.

In California, arbitration awards can be confirmed by the Superior Court; once a court judgment is rendered, the parties have the enforcement powers of the court. The Court has a panel of expert mediators trained by the Straus Institute for Dispute Resolution at Pepperdine University School of Law. Training for arbitrators, mediators and conciliators is available through independent mediation programs, national and local mediation member organizations, and post-secondary schools. Since the parties have agreed in advance to arbitration, the hearing can continue even in the absence of the defendant.

Compare job obligations, education, job growth, and compensation for arbitrators, mediators, and conciliators with similar occupations. The San Joaquin County Superior Court recently received a grant through the California Courts Administrative Office (AOC) to implement a formal civil mediation program that will allow lawyers and clients involved in general civil litigation greater access to affordable, high-quality mediation. Arbitrators, mediators and conciliators facilitate negotiation and dialogue between disputing parties to help resolve conflicts outside the judicial system. Along with the list of potential arbitrators, a schedule is sent to the parties to return to the AAMS after canceling unavailable days.

The administrator then selects an arbitrator from among the remaining names and a date convenient for both parties. This table shows a list of occupations with functions similar to those of arbitrators, mediators, and conciliators.

Molly Keeny
Molly Keeny

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