Arbitrators and Mediators

Career summary

Arbitrators and mediators provide an alternative to lawsuits for settling disputes. They interview the participants in the dispute. They make sure everyone understands the arbitration process.

Arbitrators and mediators gather information and evidence so that they know the issues and possible outcomes. They study similar disputes to help make decisions. Some specialize in certain kinds of conflicts.

For instance, some arbitrators and mediators focus on labor disputes. Others work to resolve disagreements on the best ways to use natural resources like rivers or forests.

Arbitrators

Arbitrators are usually attorneys or businesspersons with expertise in a particular field. The parties who hire an arbitrator must agree to follow the arbitrator's final decision.

Arbitrators must not favor one participant over the other. Because they make the final decision, they must be neutral. For this reason, arbitrators must have strong morals and ethics.

Mediators

Mediators can represent one or both parties in the dispute. They may represent labor unions, businesses, or governments. Mediators may represent people involved in custody battles and divorce. They help people involved in disputes talk to each other. They make suggestions and the two parties make the final decision.

Arbitrators and mediators may give presentations. They may teach others how to solve disputes.

Much of their job involves coordinating meetings and hearings. They also relay information to people. This includes final decisions on cases. As a result, they must have very good writing and speaking skills.

Related careers

This career is part of the Law, Public Safety, Corrections, and Security cluster of careers.

Related careers include:

• Compliance Officers and Inspectors
• Education Administrators
• Human Resources Managers
• Human Resources Specialists
• Judges and Hearing Officers
• Law Clerks
• Lawyers
• Limited License Legal Technicians
• Paralegals

Job duties

Task list

The following list of tasks is specific to arbitrators and mediators.

• Help people and groups communicate using mediation techniques.
• Outline the arbitration process and rules for participants.
• Talk with participants to understand their concerns, needs, and interests.
• Conduct hearings to gather information and evidence about the dispute.
• Interview witnesses.
• Study procedures, laws, and other cases to make sure arbitration follows current standards.
• Set up appointments for participants to meet for mediation.
• Study specific areas of conflict. These could include labor, medical, or environmental disagreements.
• Decide to allow exceptions and evidence.
• Analyze evidence and apply laws, regulations, and policies to reach a decision.
• Make recommendations about compromise.
• Participate in court proceedings.
• Prepare settlement agreements and authorize payments, if necessary.
• Prepare written opinions and decisions about cases.
• Notify claimants about the outcomes of decisions.

Common work activities

Arbitrators and mediators perform the following tasks. These tasks are common to many careers.

• Resolve conflicts and negotiate with others
• Get information needed to do the job
• Think creatively
• Establish and maintain relationships
• Identify objects, actions, and events
• Analyze data or information
• Make decisions and solve problems
• Document and record information
• Update and use job-related knowledge
• Explain the meaning of information to others
• Organize, plan, and prioritize work
• Communicate with people outside the organization
• Judge the value of objects, services, or people
• Evaluate information against standards
• Perform administrative tasks
• Schedule work and activities
• Process information
• Perform for or work with the public
• Use computers
• Develop goals and strategies
• Monitor events, materials, and surroundings

Work requirements

Working conditions

In a typical work setting, arbitrators and mediators:

Interpersonal relationships

• Have a moderate to high level of social contact. They spend much of their time working with people.
• Are often placed in conflict situations in which people who are unpleasant or angry.
• Write letters and memos on a weekly basis.
• Communicate with others by telephone, e-mail, and face-to-face discussions. They often write letters and memos, but less frequently.
• Sometimes work as part of a team.

Physical work conditions

• Work indoors.
• May share office space with others.

Work performance

• Have the potential to make serious mistakes that are difficult to correct. They make decisions for others that are legally binding. Therefore, they must be exact and accurate in their work.
• Regularly make decisions that greatly impact others. They usually make these decisions independently, meaning they don't consult a supervisor for input.
• Usually set their own daily priorities, although this depends on who they are working with.
• Must meet strict weekly deadlines.
• Work in a somewhat stressful environment.

Hours/travel

• Work a regular work schedule. May work overtime to meet negotiation deadlines.

Physical demands

Arbitrators and mediators frequently:

• Sit for long periods of time.

It is important for arbitrators and mediators to be able to:

• Speak clearly so listeners can understand.
• Understand the speech of another person.
• See details of objects that are less than a few feet away.

It is not as important, but still necessary, for arbitrators and mediators to be able to:

• See details of objects that are more than a few feet away.

Skills and abilities

Arbitrators and mediators need to:

Communicate

• Listen to others and ask questions.
• Speak clearly so listeners can understand.
• Write clearly so other people can understand.
• Read and understand work-related materials.
• Understand spoken information.
• Understand written information.

Reason and problem solve

• Analyze ideas and use logic to determine their strengths and weaknesses.
• Judge the costs and benefits of a possible action.
• Use reasoning to discover answers to problems.
• Combine several pieces of information and draw conclusions.
• Recognize the nature of a problem.
• Understand new information or materials by studying and working with them.
• Notice when something is wrong or is likely to go wrong.
• Follow guidelines to arrange objects or actions in a certain order.
• Think of new ideas about a topic.
• Think of original, unusual, or creative ways to solve problems.
• Develop rules that group items in various ways.
• Concentrate and not be distracted while performing a task.

Manage oneself, people, time, and things

• Manage the time of self and others.
• Check how well one is learning or doing something.

Work with people

• Solve problems by bringing others together to discuss differences.
• Persuade others to approach things differently.
• Be aware of others' reactions and understand the possible causes.
• Change behavior in relation to others' actions.
• Look for ways to help people.
• Use several methods to learn or teach new things.

Education and training

Educational programs

The programs of study listed below will help you prepare for the occupation or career cluster you are exploring.

Programs of study directly related to this occupation

• Law

Other programs of study to consider

• Entrepreneurial and Small Business Operations
• Human Resources Management
• Paralegal Studies
• Peace Studies and Conflict Resolution
• Pre-Law

Training

To work as an arbitrator or mediator, you typically need to:

• have a high school diploma or equivalent;
• have at least a bachelor's degree;
• have one to five years of related work experience; and
• complete moderate-term, on-the-job training.

Education after high school

In general, you need a bachelor's degree to become an arbitrator or mediator. Four-year programs in public policy, business, and social work are useful. A law degree is also helpful, especially for arbitrators. Most law degree programs take an additional three years to complete. Some universities also offer master's degree programs in arbitration and conflict resolution. Specific training is also available through professional associations.

Work experience

Business, law, and human resources jobs can prepare you to be an arbitrator or mediator. By working in fields that use arbitrators, you gain valuable experience. You may begin by resolving small conflicts within your own organization.

On-the-job training

As a new arbitrator or mediator, an experienced arbitrator or mediator will supervise your work. As you gain experience, you work on more difficult cases and have more responsibility. Training may last up to one year.

Helpful high school courses

In high school, take classes that prepare you for college. A college preparatory curriculum may be different from your state's graduation requirements.

You should also consider taking some advanced courses in high school. This includes Advanced Placement (AP) and International Baccalaureate (IB) courses if they are available in your school. If you do well in these courses, you may receive college credit for them. Advanced courses can also strengthen your college application.

Helpful electives to take in high school that prepare you for this career include:

• Business Law
• Computer Applications
• Consumer Law
• Law Studies
• Psychology
• Public Speaking

Many arbitrators and mediators are self-employed. If you want to run your own business some day, you should consider taking these courses as well:

• Accounting
• Entrepreneurship
• Introduction to Business

The courses listed above are meant to help you create your high school plan. If you have not already done so, talk to a school counselor or parent about the courses you are considering taking.

You should also check with a teacher or counselor to see if work-based learning opportunities are available in your school and community. These might include field trips, job shadowing, internships, and actual work experience. The goal of these activities is to help you connect your school experiences with real-life work.

Join some groups, try some hobbies, or volunteer with an organization that interests you. By participating in activities you can have fun, make new friends, and learn about yourself. Maybe one of them will help direct you to a future career. Here are examples of activities and groups that may be available in your high school or community.

Things to know

Local and state governments hire the most arbitrators and mediators. Most require a bachelor's degree. However, each state will have its own set of qualifications for arbitrators and mediators.

Employers look for employees that have good communication skills. Arbitrators and mediators need to be able to look at all sides of a problem. Employers may also look for mediators with previous work experience in the areas of insurance, labor, or business.

Costs to workers

Some arbitrators and mediators join professional associations, which may have annual dues.

Licensing/certification

Arbitrators and mediators who are also lawyers must be licensed by the State Supreme Court through the Washington State Bar Association. Applicants must pass the Washington State Bar Exam after graduating from an approved law school.

For more information, contact:

Washington State Bar Association 
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539
800.945.WSBA (9722)
206.443.WSBA (9722)

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Job listings

Listed below are links to job categories from the National Labor Exchange that relate to this career. Once you get a list of jobs, you can view information about individual jobs and find out how to apply. If your job search finds too many openings, or if you wish to search for jobs outside of Washington, you will need to refine your search.

• Arbitrators, Mediators, and Conciliators 

To get a listing of current jobs from the WorkSource system, go to the WorkSource website .

Wages

Wages vary by area of the country, employer, and clients.

Most employers offer health insurance, paid vacation, and retirement packages. Self-employed arbitrators and mediators must provide their own insurance and retirement plan.

Employment and outlook

Washington outlook

In Washington, there is a growing demand for services to solve disputes through arbitration and mediation. Cases commonly handled through conflict resolution include medical malpractice, personal injury, and work place conflicts.

The table below provides information about the number of workers in this career in various regions. It also provides information about the expected growth rate and future job openings.

National employment

About 15% of arbitrators and mediators are self-employed.

Major employers:

• Local and state government agencies
• Law offices
• Business, labor, and political organizations

National outlook

Demand for this occupation will increase as many people would rather settle out-of-court because it costs less. In addition, some jurisdictions have programs that require people to meet with a mediator in certain cases, such as when resolving child custody issues. Although there is growing demand for mediators, this is a small occupation.

Many in this occupation work for state and local governments where budget cuts will limit growth.

Other resources

American Arbitration Association 
1633 Broadway, 10th Floor
New York, NY 10019
800.778.7879
212.716.5800

American Bar Association 
321 North Clark Street
Chicago, IL 60654
312.988.5000

Association of Attorney-Mediators 
PO Box 741955
Dallas, TX 75374-1955
800.280.1368
972.669.8101

National Academy of Arbitrators 
1 North Main Street, Suite 412
Cortland, NY 13045
607.756.8363

Washington Mediation Association 
PMB #1095
1122 East Pike Street
Seattle, WA 98122

References

Career cluster

• Law, Public Safety, Corrections, and Security

Career path

• Social

O*Net  occupation

• Arbitrators, Mediators, and Conciliators (23-1022.00) 

O*Net job zone 

• Job Zone 5 - Extensive preparation needed. Extensive skill, knowledge, and experience are needed for these occupations. Many require more than five years of experience.

DOT occupations

• Arbitrator (169.107-010) 
• Conciliator (169.207-010) 

Holland occupational cluster

• Social/Enterprising/Conventional

COPSystem

• Communication