Although the following is specific to mediation, both mediation and arbitration are collectively referred to as Alternate Dispute Resolution.
I hope this helps:
State Mediator Rosters and Qualifications
This report was produced by the Institute of Government, College of Professional Studies at the University of Arkansas at Little Rock as part of a contract with the Federal Mediation and Conciliation Service.
This study examines the purpose and scope of mediator qualifications, lists, and certification procedures established by the judicial branch or other branches of state governments. The study focuses on lists and qualifications that are applicable statewide within each state (district-wide in the District of Columbia.)
Although many states recommend qualifications for mediators, no state has requirements for the practice of mediation.
The Kansas Supreme Court, in Court Rule 902 (2001) describing mediator qualifications for court referrals and approved programs, stated: “No standards or qualifications should be imposed upon any person chosen and agreed to by the parties. These qualifications should not prevent parties having free choice of process, program and the individual neutral.” This statement, emphasizing the importance attached to free choice, is typical of language in a number of state statutes and court rules regarding mediator qualifications.
In all states, parties can seek mediation and choose any mediator before a case is filed in court. In most states, parties retain this freedom of choice after filing. Two jurisdictions, the State of Georgia and the District of Columbia, require mediators to be listed or a part of a program in order to practice in the courts. Only in the District of Columbia is a mediator required to be an attorney to mediate civil court cases other than family disputes.
When states have guidelines or requirements for mediators who receive court referrals or appointments, judges commonly have discretion in applying these guidelines.
The following is a state-by-state summary of statewide mediator lists and minimum qualifications. Major sources of the information are listed for each state.
**Alabama**
No state requirements for the practice of mediation. Parties or judges may select any mediator.
**Alaska**
No state requirements or guidelines for the practice of mediation.
**Arizona**
No state requirements or guidelines for the practice of mediation.
Arkansas
No state requirements for the practice of mediation. The Arkansas ADR Commission established three categories of guidelines dealing with mediator skills and qualifications: 1) general guidelines for the public to use in selecting a mediator; 2) standards and procedures for being placed on the voluntary Roster of Mediators maintained by the Commission; and 3)*** standards that may be used by the courts in establishing court-annexed mediation systems or selecting court-referred mediators***. However, Courts are*** not required*** to follow the ADR Commission’s guidelines or to use mediators from the Roster.
Colorado
No state requirements for the practice of mediation. Parties may choose any mediator.
Connecticut
No state requirements or guidelines for the practice of mediation.
Delaware
No state requirements or guidelines for the practice of mediation. Parties may choose any mediator. The Delaware Superior Court maintains a Roster of Neutrals*** for court referrals***.
**District of Columbia**
No state requirements or guidelines for mediation in a private setting.
**Florida**
March 2012 updated requirements for Florida Supreme Court certified mediators (PDF). Previous information from the University of Arkansas study: No state requirements for the practice of mediation. For court ordered mediation, parties may choose any mediator, subject to the approval of the judge. The State Supreme Court maintains a list of certified mediators. Mediators must be on the list ***to receive court referrals. ***
Georgia
No state requirements for the practice of mediation when a court case has not been filed.
**Hawaii**
No state requirements for the practice of mediation.
**Idaho **
No state requirements for the practice of mediation. Parties may select any mediator.
**Illinois**
No state requirements or guidelines for the practice of mediation.
**Indiana**
No state requirements for the practice of mediation.
**Iowa**
No state requirements or guidelines for the practice of mediation.
**Kansas**
No state requirements for the practice of mediation. Parties and/or attorneys may choose any mediator.
**Kentucky**
No state requirements or guidelines for the practice of mediation. Parties may select any mediator.
**Louisiana**
No state requirements for the practice of mediation. The ADR Section of the Louisiana Bar Association maintains a register of persons qualified as mediators pursuant to La. R.S. 9:4106 (civil cases) and La. R.S. 9:334 ***(child custody/ visitation). ***
Maine
No state requirements for the practice of mediation. The Court Alternative Dispute Resolution Service (CADRES) of the Maine Judicial Branch maintains Mediation Rosters. ***Court referrals must be made from the appropriate roster. ***
**Maryland**
No state requirements for the practice of mediation. Parties may choose any mediator. Each county administrative judge prepares an approved list of mediators*** for court appointments. ***
Massachusetts
No state requirements for the practice of mediation. The Chief Justice of each trial court department approves programs*** to receive court referrals. ***
**Michigan**
No state requirements for the practice of mediation.
**Minnesota**
No state requirements for the practice of mediation.
Mississippi
No state requirements for the practice of mediation. A List of Mediators is maintained by the Mississippi Bar. Courts and parties are encouraged, but not required, to select mediators from this list.
**Missouri**
No state requirements for the practice of mediation.
**Montana**
No state requirements or guidelines for the practice of mediation.
Nebraska
No state requirements or guidelines for the practice of mediation.
**Nevada**
No state requirements or guidelines for the practice of mediation. Parties may use a mediator of their choice.
**New Hampshire**
No state requirements for the practice of mediation. The New Hampshire Marital Mediator Certification Board maintains a list of Certified ***Marital ***Mediators.
**New Jersey**
No state requirements for the practice of mediation.
**New Mexico **
No state requirements for the practice of mediation.
New York
No state requirements for the practice of mediation.
North Carolina
No state requirements for the practice of mediation. The NC DR Commission certifies mediators to conduct mediated settlement conferences A) i***n cases filed in the state’s civil, superior courts, and B) in district court cases involving equitable distribution and other family financial matters. ***
North Dakota
No state requirements for the practice of mediation. The State Court Administrator maintains rosters of neutrals for ***civil mediation and domestic relations/contested child proceedings mediation.
Ohio
No state requirements or guidelines for the practice of mediation. Ohio has developed its mediation practice as a free market state and there is no certification, licensure, or specific training requirement in place for mediators.
**Oklahoma**
No state requirements for the practice of mediation.
Oregon
No state requirements for the practice of mediation. Community Dispute Resolution Programs which receive state funding must adhere to mediator qualifications set by the Oregon DR Commission.
Pennsylvania
No state requirements for the practice of mediation. Parties may choose any mediator. The PA Supreme Court established minimum qualifications for mediation in*** custody and visitation cases through family court programs and court-ordered mediation for individual cases. ***
Rhode Island
No state requirements for the practice of mediation.
**South Carolina**
No state requirements for the practice of mediation. Civil actions filed in the circuit court for more than $25,000 and custody or visitation in domestic relations actions, with some exceptions, are subject to mediation. Parties may choose any mediator.
South Dakota
No state requirements for the practice of mediation. To be eligible as a court-appointed mediator in Family Courts, certain qualifications apply.
**Tennessee**
No state requirements for the practice of mediation. The ADR Commission maintains a list of family mediators and a list of general-civil mediators. Court-ordered mediation and court-annexed programs must use mediators from these lists.
**Texas**
No state requirements for the practice of mediation. An impartial third party appointed for dispute resolution services by a court or a governmental body must have qualifications for cases involving family law and child development.
Utah
No state requirements for the practice of mediation.
Vermont
No state requirements for the practice of mediation. Parties may select a mediator of their choice. The Vermont Court Administrator keeps a list of mediators, most of whom have gone through a training program to practice in the federal courts in Vermont, for the information of judges making court referrals on major civil cases.
Virginia
No state requirements for the practice of mediation. Parties can choose any mediator. The State of Virginia has a roster of approximately 1000 certified mediators. Mediators must be certified to receive court referrals.
**Washington **
No state requirements for the practice of mediation. The Washington Mediation Association has a voluntary Mediator Certification Program for members. There are court rules for mandatory mediation of healthcare claims.
**West Virginia**
No state requirements for the practice of mediation. The Supreme Court of Appeals maintains a list of Court-Approved Family Court Mediators for court-annexed programs.
Wisconsin
No state requirements for the practice of mediation. The only statewide mediation program is the Medical Mediation Panel. Panels Coordinator
Wyoming
No state requirements for the practice of mediation.
http://www.mediationworks.com/images/uparrow.gif
So, in summary, there are no restrictions in virtually ANY state in the US, except as it y may pertain to court-ordered mediation and arbitration with court-appointed mediators/neutrals.
Since IAS is private ADR, limited EXCLUSIVELY to inspection-related disputes, any applicable rules to the mediation process wold not apply in an IAS setting. Further, the associated costs of IAS arbitration are capped at $400 currently, and is non-binding, unless both parties agree, in advance, to make it binding arbitration.
I hope this information is helpful to anyone wanting to take the issue further with their own state government. By all means, please publish any official findings and by all means please make me aware of them.
In the event that we are not able to offer IAS in any particular state, we will immediately cease and desist upon notification from a governmental body having jurisdiction over the matter. A suggestion would be each state’s Attorney General’s office. But, even f you discver it on your own, and absent of a letter from a governmental agency, please just let me know. f it makes sense, we’ll shut it down in that jurisdiction.
Even as published above, sometimes things seem more restrictive than they are. As a single example, the State of Pennsylvania has some generic guidelines regarding court-ordered mediation. We had a case a few years back were the arbitration clause was challenged by an attorney in court. The judge remanded the case to mediation/arbitration as indicated within the Clause. IAS was named in the clause. Shortly thereafter, both attorneys agreed to make the arbitration BINDING. We are not registered with Pennsylvania as a domestic or foreign company of any type whatsoever. Arbitration took place over the Internet. A judgement was rendered and upheld by the court. We are not on any list or roster created by or known to the Pennsylvania Courts. The judge refused to set the arbitration clause aside. While I am not suggesting that this would be the outcome every time, but to our knowledge on the issue, we are good to go in all states and the Discrict of Columbia.
Again, ad by all means, investigate for yourself prior to engaging ANY service offered, whether mine or someone else’s. And, by all means, discuss any and all clauses you are placing in an inspection agreement with competent counsel.
For any of you who may be curious, and choose to investigate our ability to provide this service in your own state, you’d be doing me a favor by publishing your findings, along with a contact reference, n your posting.
Thank you!