Finding a mediator goes digital

Web sites and search engines you will find useful in selecting a specialized or more skilled mediator

2014 September

It can be difficult to find just the right mediator. Historically, people have found mediators by trial and error and word of mouth. Those methods undoubtedly will persist because they often work. But they may be inadequate if you need a mediator for a type of case that is different from the kind you usually handle or if you want someone new, more specialized, or more skilled. In that circumstance, you may want to turn to the Web to find a mediator.

Obviously, you can find mediators by using popular search engines such as Google and Yahoo. For instance, you can find an employment mediator in Los Angeles by using Google to search for “mediator employment Los Angeles.”  You may, however, find that mediation-specific Web sites offer better, faster tools for locating the right mediator for your case.

Professional associations

The National Academy of Distinguished Neutrals

The National Academy of Distinguished Neutrals (the “Academy”) is a professional association whose membership consists (according to its Web site) of attorneys distinguished by their hands-on experience in the field of civil and commercial conflict resolution and their commitment to methods of alternative dispute resolution. NADN maintains a Web site (nadn.org) with a “Neutral Search” function that allows users to find a mediator who is a member of the Academy and has expertise in a particular field, such as employment, real estate, or personal injury. Members of the Academy have been vetted by the Academy.

The California Academy of Distinguished Neutrals

The California Academy of Distinguished Neutrals (the “California Academy”) is a chapter of the Academy. It provides a “Quick Search” function that allows users to find a member of the Academy who mediates particular kinds of disputes in Northern California, Southern California, or in a particular California County. The result is a list of mediators with links to their online profiles, which have links to printable resumes and client testimonials. Some members of the California Academy post their calendars on this site so the user can determine their availability.

The Southern California Mediation Association

The Southern California Mediation Association (“SCMA”) is a professional organization that provides opportunities for mediators to enhance their skills, knowledge, and professional practices. Its Web site, scmediation.org, has a “Select A Mediator” function. Those listed in the SCMA’s “Select A Mediator” Directory must have taken at least a 40-hour course in mediation, or the equivalent, or must now be, or have previously been a member of a recognized court mediation panel. The “Select A Mediator” tool allows a search for, e.g., an “employment” mediator within 10, 20, 30, 40, 50, or 50+ miles of a particular zip code. The search results consist of photos, addresses, telephone numbers, and a list of specialty areas (such as “employment”) for each identified mediator. There also is a link to the profile the mediator has placed on the SCMA Web site and a link to a map showing the location of the mediator’s office.

SCMA has a Reduced Rate Program for cases in which the parties certify that the amount in controversy is $25,000 or less, or in which at least one of the parties is not represented by counsel. Mediators participating in this program agree to charge half their usual rates for mediations or, in the alternative, to provide the first two hours of service free of charge. The “Select A Mediator” function permits a search for mediators who have agreed to participate in this program.

The International Academy of Mediators

The International Academy of Mediators (“IAM”) is an invitation-only organization. According to its Web site (iamed.org), its mediators are “the most successful and highly trained professional mediators in the world.” Its Web site does not have a find-a-mediator function. However, if you identify a mediator using one of the other online sources listed in this article, you then can go to iamed.org to use its “Locate A Member” function, enter his or her name, and find out if he/she is a member of the IAM.

Mediation services providers

Another way to find mediators on the Internet is to visit the Web sites of the various mediation service providers. In Southern California, the leading mediation service providers (other than the American Arbitration Association (“AAA”)) are JAMS (jamsadr.com), Judicate West (judicatewest.com), PMA (pma-adr.com), ADR Services (adrservices.org), and Alternative Resolution Centers (arc4adr.com). JAMS, Judicate West, PMA, ADR Services, and ARC post profiles of their mediators on their Web sites. The mediators who appear on the Web sites of these service providers have been vetted by the providers.

The American Arbitration Association (“AAA”) has a new division called Mediation.org, which has a Web site of the same name. If you do not know the name of the mediator you want to use, you can use the “Find A Mediator” tool at mediation.org to search for a mediator by practice area (such as “employment”) and geographical location (city and state or 10, 25, or 50 miles from a particular zip code). There also are boxes to check to limit the search to mediators who are judges, to mediators who handle large complex cases, to mediators who speak particular languages, or to mediators with hourly billing rates of less than $150, $150 to $250, $250 to $350, $350 to $500, or more than $500. Like other mediation services providers, Mediation.org manages mediations in return for an administrative fee. The mediators who can be found at mediation.org are members of the AAA’s various mediation panels and other mediators who have subscribed to have their names, contact information, and profiles listed there. Those that are on an AAA mediation panel, and therefore have been vetted by the AAA, are easily identified.

Mediate.com and mediation.com

Mediate.com and mediation.com exist for the sole purpose of providing online search tools to find a mediator. Neither one provides administrative services for mediations and neither one vets the mediators it lists. However, many of the mediators who choose to be listed there are extremely well-qualified and have been vetted by other organizations. At mediate.com, you can search for a mediator by type of matter (e.g., “employment”), city, state, and/or area code. When the results have been displayed, you will find links to the mediators’ Web sites and the ability to check boxes for up to 10 acceptable mediators to propose to the other party. Mediation.com also provides a search function.