Arbitration and mediation are popular ways to resolve disputes outside the courts, often faster, more private and more flexible. But they only work well if the right neutral is appointed in the right way. This guide explains how to appoint arbitrators and mediators in England and Wales. Note: Scotland has a separate arbitration regime under the Arbitration (Scotland) Act 2010 and a different institutional context; this guide does not cover Scots law.
Arbitration vs mediation, a quick reminder
- Arbitration is a binding process: an arbitrator (or panel) hears the dispute and makes an award that the parties must follow, enforceable like a court judgment. It is governed by the Arbitration Act 1996.
- Mediation is a facilitative process: a mediator helps the parties negotiate their own settlement. The mediator does not decide the dispute, and there is no binding outcome unless the parties agree one.
Appointing an arbitrator
How an arbitrator is appointed depends on the arbitration agreement (usually a clause in the contract):
- By agreement. The parties can simply agree on an arbitrator. Many clauses say the parties will try to agree a sole arbitrator first.
- Through an appointing body. Clauses often nominate an institution to appoint, or to administer the arbitration, for example the Chartered Institute of Arbitrators (CIArb) or the London Court of International Arbitration (LCIA). The institution selects a suitable arbitrator if the parties cannot agree.
- By the court. If the agreed mechanism fails (for example, the parties cannot agree and no institution is named), a party can apply to the court for an appointment under the Arbitration Act 1996. The court will appoint to keep the process moving.
Choose an arbitrator with the right expertise (legal, technical or industry-specific), availability and independence, and check for any conflicts.
Appointing a mediator
Mediation is more informal:
- By agreement. The parties agree on a mediator, often from a panel.
- Through a provider. Organisations such as the Centre for Effective Dispute Resolution (CEDR) or members of the Civil Mediation Council can provide accredited mediators and administer the process.
Look for an accredited mediator experienced in the type of dispute and, ideally, the sector.
Practical tips
- Check your contract first, the dispute-resolution clause usually sets the route.
- For arbitration, decide sole arbitrator or panel (a sole arbitrator is usually cheaper).
- Confirm the neutral's independence, expertise and availability, and agree their fees up front.
- If agreement fails in arbitration, use the appointing body or, as a backstop, the court.
- Courts increasingly expect parties to consider mediation, and unreasonable refusal can have costs consequences.
Key takeaways
- Arbitrators decide the dispute (binding award, under the Arbitration Act 1996); mediators only help parties settle.
- Appoint an arbitrator by agreement, via an appointing body (e.g. CIArb, LCIA), or (as a backstop) by the court.
- Appoint a mediator by agreement or via a provider such as CEDR or a Civil Mediation Council member.
- Choose for expertise, independence and availability, and agree fees up front.
Sources
- Arbitration Act 1996 (appointment of arbitrators, including court appointment where mechanisms fail)
- Institutional rules and panels (e.g. CIArb, LCIA) for arbitration; CEDR and the Civil Mediation Council for mediation
- Court expectations on considering mediation and costs consequences of unreasonable refusal
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.