Arbitrator, Mediator, or Conciliator

Arbitrators, mediators, and conciliators help resolve conflicts outside of the court system by facilitating negotiation and dialogue between disputing parties.

Arbitrators, mediators, and conciliators typically do the following:

Facilitate communication between disputants to guide parties toward mutual agreement
Clarify issues, concerns, needs, and interests of all parties involved
Conduct initial meetings with disputants to outline the arbitration process
Settle procedural matters such as fees, or determine details such as witness numbers or time requirements
Set up appointments for parties to meet for mediation or arbitration
Interview claimants, agents, or witnesses to obtain information about disputed issues
Prepare settlement agreements for disputants to sign
Apply relevant laws, regulations, policies, or precedents to reach conclusions
Evaluate information from documents such as claim applications, birth or death certificates, or physician or employer records

Arbitrators, mediators, or conciliators help opposing parties settle disputes outside of court. They hold private, confidential hearings, which are less formal than a court trial.

Arbitrators are usually attorneys or business people with expertise in a particular field. They hear and decide disputes between opposing parties as an impartial third party. Arbitrators may work alone or in a panel with other arbitrators. In some cases, arbitrators may decide procedural issues, such as what evidence may be submitted and when hearings will be held.

Arbitration may be mandatory and required by law for some claims and disputes. Other times, the parties in dispute voluntary agree to arbitration rather than proceed with litigation or a trial. In some cases, parties may appeal the arbitrator’s decision.

Mediators are neutral parties who help people resolve their disputes. However, unlike arbitrators, they do not make decisions. Rather, mediators help facilitate discussion and guide the parties toward a mutually acceptable agreement. If the opposing sides cannot reach a settlement with the mediator's help, they are free to pursue other options.

Conciliators are similar to mediators. Their role is to help guide opposing sides to a settlement. However, they typically meet with the parties separately. The opposing sides must decide in advance if they will be bound by the conciliator's recommendations. The conciliator typically has no authority to seek evidence or call witnesses. These workers typically do not write decisions or make awards.

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Arbitrators, mediators, and conciliators typically have an interest in the Helping and Persuading interest areas, according to the Holland Code framework. The Helping interest area indicates a focus on assisting, serving, counseling, or teaching other people. The Persuading interest area indicates a focus on influencing, motivating, and selling to other people.

If you are not sure whether you have a Helping or Persuading interest which might fit with a career as an arbitrator, mediator, and conciliator, you can take a career test to measure your interests.

Arbitrators, mediators, and conciliators should also possess the following specific qualities:

Critical-thinking skills. Arbitrators, mediators, and conciliators must apply rules of law. They must remain neutral and not let their own personal assumptions interfere with the proceedings.

Decision-making skills. Arbitrators, mediators, and conciliators must be able to weigh the facts, apply the law or rules, and make a decision relatively quickly.

Interpersonal skills. Arbitrators, mediators, and conciliators deal with disputing parties and must be able to facilitate discussion in a calm and respectful way.

Listening skills. Arbitrators, mediators, and conciliators must pay close attention to what is being said in order to evaluate information.

Reading skills. Arbitrators, mediators, and conciliators must be able to evaluate and distinguish the important facts from large amounts of complex information.

Writing skills. Arbitrators, mediators, and conciliators write recommendations or decisions on appeals or disputes. They must be able to write their decisions clearly so that all sides understand the decision.

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