How is an arbitrator or mediator selected?

In the state of Utah, arbitration or mediation relies on the parties of a dispute to agree on who should play the role of arbitrator or mediator. These parties can come to an agreement on their own, or they can use the resources of a private dispute resolution organization. Once the parties have agreed on who should serve as an arbitrator or mediator, they must then determine whether the individual is qualified to serve in this capacity. Generally, individuals with specialized knowledge and experience in the subject of the dispute are accepted as arbitrators or mediators. Private dispute resolution organizations may offer lists of experienced persons for the parties to choose from. In some cases, a court may need to appoint an arbitrator or mediator if the parties are unable to agree on a suitable individual. For example, in some cases, an arbitrator may be selected in the same way as a judge—through a process called “voir dire”. In this process, the court asks questions of potential arbitrators to ensure they have the necessary skills, knowledge, and experience to serve as an arbitrator. Ultimately, an arbitrator or mediator must be someone who is fair, impartial, and knowledgeable in the subject of the dispute. This individual must be able to listen to both parties and to help them reach a resolution.

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How is an arbitrator or mediator selected?

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