A New Direction for Mediation at the AAA®

Posted on: Mon, 03/31/2025

An interview with Tracey Frisch, division vice president of mediation, conducted by Adam Shoneck, vice president of business development for consumer and mass arbitration

Adam: Can you talk a bit about your mediation journey and how you arrived at your new position?

Tracey: My mediation journey began in classrooms, not courtrooms. I started as a peer mediator in high school and later taught conflict resolution and peer mediation in New Orleans and New York City public schools. There, I saw firsthand the power of facilitated dialogue in preventing harm and fostering understanding. Over the years, I have carried that philosophy into my professional work as a community mediator, federal court mediator and, eventually, the AAA’s legal department. Now, as division vice president for mediation, I have the privilege of shaping how we scale that early intervention mindset across industries and sectors. It’s an exciting time to reimagine how mediation can advance access to justice, and I’m grateful to be at the forefront of that effort.

Adam: What’s coming down the pipeline for mediation at the AAA?

Tracey: We're thrilled to launch our new Consumer Mediation Procedures—a significant milestone in making mediation more accessible, efficient and equitable for both consumers and businesses. These procedures are designed to address the evolving needs of parties seeking alternatives to traditional litigation and even arbitration, particularly in lower-value disputes where speed, simplicity and cost-effectiveness are paramount. This launch is part of a broader initiative to modernize the AAA’s mediation services, which includes case management innovations, platform integration and mediator appointment processes.

Adam: Can you talk about the fees associated with the new procedures?

Tracey: The new consumer mediation model introduces a simplified and affordable fee structure. Consumers pay a flat filing fee of $25, while businesses pay $225. Additionally, the business is responsible for the mediator’s compensation, which is set at $300 per hour. We aim to eliminate cost as a barrier, making mediation a more viable and attractive first step in resolving disputes. Transparency and affordability were key guiding principles in designing this model.

Adam: What is your philosophy on mediation, and how do these new procedures reflect that philosophy?

Tracey Frisch: The principle of party self-determination is at the core of my mediation philosophy. People are capable of making decisions that affect their own lives—they don’t need someone else dictating outcomes. Mediation provides a unique space where parties can share their perspectives, explore their options and reach resolutions on their own terms. The new consumer procedures reflect this principle by creating a flexible, accessible and empowering framework. Rather than imposing solutions, mediators facilitate a collaborative process where individuals and businesses can define a path forward that suits them best.

Adam: Who will the mediators be, and how will they be appointed?

Tracey Frisch: We’re building a dedicated Consumer Mediation Panel comprising experienced mediators. The enthusiasm from our existing panel has been incredible. Mediators are often motivated by the desire to help people resolve disputes, and we’ve seen overwhelming positivity from our mediators about adding this panel and area of mediation.  Under the new procedures, parties may mutually agree on a mediator or a mediator selection process at the outset, or the AAA will appoint the mediator. We designed the appointment process to specifically avoid delays in mediation. 

Adam: What should parties expect going into a mediation with the AAA, consumer or otherwise?

Tracey Frisch: Parties can expect responsive, proactive mediation case management coupled with highly skilled mediators. We’re enhancing our internal practices to support parties effectively throughout the mediation process. This includes faster mediator appointments and increased use of technological tools to streamline the experience and accommodate the unique dynamics of mediation. 

Adam: Can we expect changes to mediation in other areas besides consumer?

Tracey Frisch: Absolutely. Consumer mediation is just the beginning. We’re conducting a comprehensive review of our mediation services across various sectors to identify additional innovation and value opportunities for our parties.