Do I need a mediator certified in my state?

It depends mostly on whether a court is involved. State certification, registration, and court rosters mainly matter for court-connected mediation, such as when a judge orders you to mediate: the court may require a mediator who meets its state's rules or is on its own list. For private mediation that you arrange yourselves, those court rules often don't apply, and many people work with a mediator in another area or state, especially online.

This is general information, not legal advice. Rules vary by state and by court. See how mediation works in your state →

Court-connected vs. private mediation

The answer turns on which kind of mediation you're in.

• Court-connected mediation happens because of a court case: a judge orders it, a court program provides the mediator, or court rules require it before a hearing or trial. Courts set rules for who can serve.
• Private mediation is mediation you choose and arrange yourselves, often before anyone files, or alongside a case when no rule restricts who can mediate. You pick the mediator.

Court-ordered mediation: the court's rules decide

States set qualifications for mediators who serve in court cases in different ways. A few examples from official sources:

• Some states register rather than certify. Georgia's Office of Dispute Resolution says the state "offers no real 'certification' for neutrals." Instead, people who complete the required training and are approved are added to a registry of those eligible to serve in court-connected cases.¹ Georgia's court rules require neutrals in court programs and court-ordered mediation to be registered.²
• Some set training hours for court appointments. Texas requires a court-appointed mediator to complete at least 40 classroom hours of dispute resolution training, and 24 more hours for cases about the parent-child relationship.³ The Supreme Court of Texas has not set up a mediator credentialing system; in 2005 its advisory committee "recommended that the Court take no action with regard to credentialing."⁴
• Some keep court rosters. In Idaho family cases, the parties have 28 days from the mediation order to select any person to act as mediator. If they don't, the court must appoint a mediator from the roster kept by the Idaho Supreme Court.⁵
• Some certify, with an option for the parties. Florida certifies mediators. In a court-referred family case, the parties may agree within 10 days on a certified mediator, or on one who isn't certified but who, in the parties' opinion and on review by the judge, is qualified by training or experience. If they can't agree, the court appoints a certified mediator.⁶
• Federal courts set their own criteria. Each U.S. district court that offers dispute resolution sets its own procedures and criteria for choosing the neutrals on its panels.⁷

So in a court case, read the order and your court's rules first. They may let you choose freely, require someone certified or on a list, or appoint a mediator if you miss a deadline. See court-ordered mediation.

Important

Don't hire a mediator for a court-ordered case until you've checked the order. If the court requires someone from its roster and your mediator isn't on it, you may have to start over.

Private mediation: you have more choice

The rules above are written for court cases. When you hire a mediator privately, you generally choose based on experience, approach, fees, and format. That is one reason many mediators serve clients in other cities or states, often by video. See how online mediation works.

Still, keep three things in mind:

1. Your agreement may end up in court. If you plan to file your agreement in a court case, such as a divorce, the court will apply its own rules to the agreement. A mediator familiar with your state's process can help you avoid surprises, and a local lawyer can review the agreement. See is mediation legally binding?
2. Confidentiality can depend on the setup. Some states' confidentiality protections depend on whether the mediation is court-ordered, whether the mediator is certified, or whether the parties agreed in writing to follow a particular law. Florida's mediation confidentiality law, for example, covers court-ordered mediation, mediation the parties expressly agree will follow it, and mediation run by a Florida Supreme Court certified mediator unless the parties agree otherwise.⁸ Ask the mediator which rules will apply.
3. Certification still tells you something. A state certification or roster listing shows that a mediator met that state's training and other requirements. It's a useful signal even when it isn't required.

Tip

Ask a mediator two separate questions: "Which official court rosters are you on?" and "Where do you work with clients, in person and online?" The answers aren't the same thing.

How MediationList shows this

On MediationList profiles, we keep two things separate:

• Court-certified or rostered in: the states where the mediator appears on an official court or government roster. We take this only from the official rosters, and each listing links to its source.
• Serves clients: where the mediator says they work, in person and online. This is the mediator's own statement, and we label it that way.

A mediator who serves clients online in your state is not necessarily certified or rostered there. If your case is court-ordered, check whether the court requires someone from its own list.

How to check

1. Find your state's page. Our states page links each state's mediators and explains how mediation works there.
2. Check the official roster. Look the mediator up on the state's court roster or registry for your case type.
3. Ask the court if you're unsure. Court staff can tell you whether a mediator must come from their list.

For more on comparing mediators, see how to find and choose a mediator and what does a mediator do? When you're ready, get matched.

This is general information, not legal advice.