When a mediator or arbitrator makes or breaks your dispute resolution, their track record matters far more than their marketing. A reference check separates practitioners who talk a good game from those who actually deliver fair outcomes and reduce your legal costs. Here's how to dig into a mediator's or arbitrator's real-world performance by asking the right questions of their previous clients.
Why Reference Checks Matter in Mediation & Arbitration
Unlike hiring for most services, choosing a mediator or arbitrator directly affects the fairness and enforceability of your dispute outcome. A mediator with weak listening skills or hidden bias toward one party can derail settlement talks. An arbitrator who mishandles discovery or rushes through evidence review may leave you with a decision you can't defend later. Previous clients have seen these professionals in action under pressure—they know whether someone actually helped resolve conflict or created new problems.
What to Ask About Process & Neutrality
Did the mediator/arbitrator remain genuinely neutral? This is your primary question. A good answer acknowledges that both parties felt heard and that the professional didn't telegraph a preference early on. Red flags include vague responses, defensiveness, or stories where one party clearly "won" despite it being a joint session.
How organized was the process? Ask whether the professional set clear agendas, met deadlines, and kept sessions on track. Mediations that drag on indefinitely or arbitrations with unclear timelines cost money. Typical commercial mediations run 1–3 sessions over 4–8 weeks; if a reference describes months of wandering sessions, that's inefficiency.
Did they manage emotions constructively? Disputes involve frustration and anger. Ask a reference whether the mediator or arbitrator acknowledged these feelings without letting them derail discussion, or whether tensions exploded unchecked.
Questions About Outcome & Enforceability
Did the agreement or award actually stick? The worst mediation is one that produces an agreement nobody enforces. Ask if the settlement was clear enough to execute without follow-up disputes. Similarly, arbitration awards should be written with enough specificity that they're enforceable—ask references if they ever had to litigate to enforce the award.
How fair did the outcome feel? This differs from whether one party "won." Good outcomes in mediation feel balanced; both parties gave something up. In arbitration, even the losing party should feel the decision was grounded in the evidence and law presented. Listen for whether the reference would use this professional again.
What was the total cost, and did it match expectations? Many mediators charge $300–$500/hour; some senior arbitrators charge $400–$800/hour or more. Arbitration can run $5,000–$50,000+ depending on case complexity and duration. Ask references what they paid and whether they felt the fee was justified. If someone paid $25,000 for a two-day arbitration and the award was overturned on appeal, that's different from paying $25,000 and getting a rock-solid decision.
Key Reference Questions Checklist
- How many sessions or hearing days were required to reach resolution?
- Would you hire this professional again for a similar dispute?
- Did they explain their reasoning clearly (arbitrators especially)?
- Were there any surprises or hidden fees?
- Did they follow up after the agreement/award was signed?
- How responsive were they to emails and scheduling requests?
How Many References You Need
Request at least two references—ideally three. Ask the professional to provide references from different types of disputes (e.g., one commercial, one employment, one contract-related) so you see range. Be wary if someone offers only one glowing reference or if all references are from the same law firm or industry.
Where to Find Verified References
Beyond asking the mediator or arbitrator directly, Mercoly helps you compare and find trusted mediation and arbitration providers with verified client feedback in one place, making it easier to spot patterns across multiple reviews rather than relying on cherry-picked recommendations.
Also check with your local bar association's mediation panel or the American Arbitration Association (AAA) roster—many list practitioner histories and disciplinary records. If a mediator or arbitrator has ethics complaints on file, that's a signal to ask harder questions.
Frequently Asked Questions
Q: Is it normal for a mediator to refuse to give references? No—reputable mediators should provide 2–3 recent client references without hesitation. Refusal suggests they've had complaints or poor outcomes they'd rather not discuss.
Q: How do I know if an arbitrator's fee is fair? Compare rates for your industry and dispute complexity; JAMS and AAA arbitrators typically fall in the $400–$600/hour range, while retired judges may charge more. Ask references if they felt the hourly rate matched the arbitrator's experience and decision quality.
Q: What should I do if a reference gives contradictory feedback from another reference? Follow up by asking both references about a specific example—one may have had unrealistic expectations while the other had a straightforward dispute. This reveals whether the professional adapts well to different case profiles.
Use these reference conversations to hire a mediator or arbitrator who actually resolves your dispute fairly—not one who merely appears qualified on paper.