Parties sometimes change mediators partway through a case. The mediator may retire or get sick, or one of you may stop trusting the person in the middle. You can change mediators in both Arizona and Michigan.

How you do it turns mostly on one question. Did the two of you hire this mediator, or did the court assign one? A private mediator works for the parties, and the parties can replace that mediator by agreement. A court-assigned mediator came through a court order or a court program, so the court has a say in the change.

Why People Change Mediators

Common reasons include:

What the National Standards Say

The Model Standards of Conduct for Mediators were adopted in 2005 by the American Arbitration Association, the American Bar Association and the Association for Conflict Resolution. Their first standard is party self-determination. It says the parties may exercise it at any stage of a mediation, and it names mediator selection and withdrawal from the process as examples.

The same standards put duties on the mediator. A mediator who becomes unable to act impartially must withdraw. A conflict of interest discovered after the mediator takes the case must be disclosed as quickly as practicable, and the mediation continues only if all parties agree. If the conflict could reasonably be seen as undermining the integrity of the mediation, the mediator must withdraw even if everyone wants to keep going. A mediator who can't handle the case competently has to tell the parties and take steps, which can mean getting help or stepping aside.

One sentence in the competence standard is useful when you pick a replacement. Any person may be selected as a mediator, it says, provided the parties are satisfied with that person's competence and qualifications.

Changing a Mediator in Michigan

Two Michigan court rules cover most mediation. MCR 3.216 governs domestic relations cases, and MCR 2.411 governs civil cases. Both say the parties may stipulate to the mediator of their choice.

If You Chose the Mediator Together

Under both rules, the court must appoint a mediator the parties stipulate to, as long as that mediator is willing to serve within a period that won't interfere with the court's scheduling of the case for trial. A mediator chosen by agreement does not have to meet the qualifications for the court's roster. So when both of you want someone new, the usual path is a new stipulation naming the new mediator. If an order named the first mediator, your attorney will know whether your court wants an amended order.

If the Court Assigned the Mediator

When the parties don't stipulate, the ADR clerk takes the next mediator from the court's roster in rotation. Otherwise, the rules bar the court from appointing, recommending or influencing your choice unless every party requests it. The civil rule also says that if a substitute mediator must be assigned, the clerk uses the same or a similar procedure. If you can't agree on a replacement, expect the next name in the rotation. You can still agree on someone yourselves, which takes you back to the stipulation route above.

If You Think the Mediator Should Be Disqualified

Both rules say the grounds for disqualifying a mediator are the same as for a judge under MCR 2.003, and that the mediator must promptly disclose any potential basis for disqualification. The grounds in MCR 2.003 include bias for or against a party or attorney, personal knowledge of disputed facts, having been consulted or employed as a lawyer in the matter, and certain financial interests and family ties. For judges, that rule requires the motion within 14 days after the grounds are discovered. Ask your attorney how your court applies that timing to a mediator.

The State Court Administrative Office's Mediator Standards of Conduct, effective October 2023, say a conflict should be disclosed early enough to let the participants select an alternate mediator. After disclosure, the mediator must decline unless all parties choose to keep them. A mediator who fails to follow those standards can be removed from a court roster.

Deadlines

In domestic relations cases, a party who objects to being sent to mediation at all must file a motion within 14 days after receiving notice of the order. Civil referral orders set a date for finishing. Neither rule says a change of mediator extends those dates, so raise the change with your attorney early.

Changing a Mediator in Arizona

Arizona's family rules lean toward private mediation. Rule 66 of the Arizona Rules of Family Law Procedure encourages parties to mediate independently of the court. It also requires the parties, within 90 days after the respondent appears, to consider ADR, including which provider to use. Civil cases have their own ADR provisions and local practices. In either kind of case, a private mediator the parties chose together can be replaced the same way.

Private Mediators

Private mediation falls under Rule 67.3. The parties choose the mediator together, contract with that mediator directly and pay the fee. When they jointly select a private mediator, the rule calls for a signed notice to the court naming the mediator and the date of the first session. If you filed that notice and then switch, ask your attorney whether to file a new one so the court's file shows who is actually mediating.

Court Mediation Through Conciliation Services

Under Rule 68, the conciliation court mediates disputes over legal decision-making and parenting time. In Maricopa County, a party starts that process with a Request for Pre-Decree Mediation, and there is a joint version of the form. The program assigns the mediator. Maricopa County's published materials don't describe a way to ask for a different court mediator, so if you have a reason, raise it with the program office or have your attorney do it. Rule 68 also says the court decides whether court mediation is appropriate unless the parties agree to private mediation under Rule 67.3. Since court mediation covers parenting issues, parties who also need to settle property, support or a business can agree to use a private mediator for all of it.

How to Make the Switch

  1. Talk with your attorney first. Ask whether an order names the mediator, which deadlines are close, and how the other side is likely to react.
  2. Read your agreement to mediate. Michigan's standards call for a written agreement covering the fee, the process and confidentiality. Look there for how to end the engagement and what happens to money paid in advance.
  3. Tell the mediator in writing, and keep it short. A brief email saying you have decided to work with someone else, and asking for a final statement, is enough for a private mediator. Leave out any blame. If the reason is a conflict of interest or a concern about impartiality, say so plainly, because the mediator has a duty to address it.
  4. Agree on the replacement. Offer the other side two or three names rather than one.
  5. File what the court needs. That might be a stipulation or amended order in Michigan, an updated notice in Arizona, or nothing at all if no case has been filed yet.
  6. Send the new mediator your own documents. More on that below.

What Carries Over to the New Mediator

Don't expect the first mediator to pass notes along to the second. The confidentiality rules in both states point the other way.

In a Michigan court case sent to mediation, MCR 2.412 makes mediation communications confidential. They may not be disclosed to anyone other than the people who took part in that mediation unless an exception applies, and the first exception is that all mediation parties agree in writing. A new mediator was not part of the first mediation. To show the new mediator something from the first one, get the other side's written agreement first. The same rule says evidence that is otherwise discoverable does not become protected just because it was used in mediation. Your bank statements, appraisals and tax returns can go to the new mediator like any other records.

Arizona's statute, A.R.S. 12-2238, makes the mediation process confidential, including communications made and materials created for or used in the mediation, unless an exception applies. One exception is that all parties agree. Evidence that exists independently of the mediation can still be subpoenaed. The terms of a signed agreement are not confidential when they are needed to enforce it or to get court approval.

If you signed a written agreement on some issues, keep a copy and give it to the new mediator. In Michigan, a mediated settlement becomes binding when the parties sign it in writing or acknowledge it on an audio or video recording. In Arizona, an agreement reached in private mediation must comply with Rule 69 to be binding. Whether something you signed is already binding is a question for your attorney.

Fees and Money Paid in Advance

Under MCR 3.216, the parties agree in writing before mediation that each will pay half of the mediator's fee, and the court can order a different split based on each party's finances. If either party objects to the total fee, the trial judge can decide whether it is reasonable. In civil mediation under MCR 2.411, costs are divided pro rata unless the parties agree or the court orders otherwise. Arizona's private mediation rule has the parties share the cost equally unless they agree or the court orders otherwise.

None of those rules covers a retainer. Ask the first mediator for a final statement and ask in writing how any unused balance will be returned.

Choosing the Next Mediator

Start with what is in dispute now, which may differ from what was in dispute at the start. A business valuation, a retirement account that has to be divided, a parent moving out of state or a parenting dispute with a long history each call for different experience. Ask about it directly. Michigan's standards say a mediator should make information about their training, education, experience and approach available to the parties.

A few other things to settle before you commit:

When a New Mediator Won't Help

A new mediator can't close a gap that exists because one or both of you expect more than a judge would likely give. A new mediator can't produce missing documents either. If the real problem is that the case isn't ready, the second mediator will run into the same problem. Our article on avoiding impasse in mediation covers that kind of stall.

Watch for switching used as a delay tactic. One party asks for a new mediator, then objects to every name proposed, while the trial date gets closer. In a Michigan court case, the rotation will supply a mediator if the parties can't agree. In Arizona, Rule 66 lets the court impose sanctions for a party's failure to take part in good faith in settlement discussions. Your attorney can tell you whether either step fits your situation.

Picking Up a Mediation That Started Elsewhere

John Laubach takes over mediations that began with another mediator, in Arizona or Michigan, and can run the whole process by video. He has been licensed to practice law in Arizona since January 1987, and Michigan's State Court Administrative Office has certified him as a Domestic and Civil Mediator. In Michigan he works as a mediator only. His full background is on the About John Laubach page.

Common Questions

Do we both have to agree to a new mediator?

If you want to choose the replacement yourselves, yes. Either of you can stop working with a private mediator, but a new mediation needs both of you at the table. In a Michigan court case where the parties cannot agree, the ADR clerk assigns a mediator from the court's list. In Arizona, ask your attorney what to request from the court.

Will changing mediators push back our court date?

Do not count on it. A Michigan order sending a civil case to mediation sets a deadline for finishing. Arizona's private mediation rule says the court will not continue a scheduled trial or hearing because mediation was not completed unless a party shows good cause.

Rules checked October 2026. This is general information about changing mediators, not legal advice, and court rules and local procedures change. A mediator is neutral and represents neither party, so get advice from a lawyer of your own. John Laubach holds an Arizona law license. He is not licensed as a lawyer in Michigan, where he serves as a certified mediator and gives no Michigan legal advice.