Are there any restrictions on who can be a mediator?

Yes, there are certain restrictions on who can be a mediator in California. In order to be a mediator in California, a person must have training in mediation from an accredited institution, or have significant experience as a mediator or in an area of the law that relates to the specific dispute. Mediators must have knowledge of procedural and ethical implications of preserving confidentiality. The mediator cannot have any direct involvement in the dispute, including having been a lawyer or advisor for either party, being an officer, director, or employee of either party, or having a financial interest in the outcome of the dispute in any way. Furthermore, the mediator cannot be a witness in the case. Also, the mediator must be impartial and independent. No party can hire or compensate the mediator directly, and the mediator is not allowed to provide legal advice or make determinations in the dispute. Finally, mediators in California are accountable to the California Dispute Resolution Council, which has the authority to issue ethical standards and take disciplinary action against mediators. The Council also maintains a list of qualified mediators that parties can use in selecting an appropriate mediator.

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