Current through Register Vol. 49, No. 2, February 2024
A.
Scope of
Requirements
All mediators on the Roster of Certified Mediators for Circuit
Courts shall be qualified pursuant to these Requirements. Persons included on
this Roster are eligible to serve as compensated mediators in and for circuit
courts pursuant to Ark. Code Ann. §
16-7-104(3).
The Roster will indicate whether the mediator is qualified to serve in
Family/Juvenile cases, other Civil/Probate cases, or both, depending on the
mediators qualifications as set forth in part C below.
B.
Procedures for Inclusion on the
Roster of Certified Mediators
1. A
mediator seeking certification shall make application on a form to be provided
by the Commission.
2. The
application for certification shall be accompanied by a fee of $75. The $75 fee
includes a certification fee of $50 plus a $25 non-refundable application fee.
In order to refund the certification fee if certification is not granted,
please enclose two checks or money orders - one in the amount of $50 and the
other in the amount of $25.
3. The
application shall contain or be accompanied by the following:
a. statement of educational
background;
b. evidence of
successful completion of the appropriate mediation training for the
Roster;
c. statement of
experience/areas of expertise;
d.
statement of adherence to the Arkansas Alternative Dispute Resolution
Commission's Requirements for the Conduct of Mediation and Mediators;
and
e. statement certifying
accuracy of information contained in the application and a statement of
adherence in which the applicant agrees to submit to the jurisdiction of
Arkansas Courts and the ADR Commission.
4. Application for certification shall be
acted upon by the Coordinator of the Commission. Any applicant denied inclusion
shall have the right to request a hearing before the Commission for
reconsideration of such a denial.
5. Notification of certification shall be
made by letter and shall include whether the person is certified for
Family/Juvenile matters, other Civil/Probate matters, or both. A letter denying
certification, or certification as to one class of case, shall state the
grounds for the denial and make reference to the right of the applicant to
request a hearing for reconsideration of the denial. Such request by the
applicant must be in writing and addressed to the Coordinator of the Commission
and must be made within 30 days of receipt of notification of denial. Within 15
days of the reconsideration, and, if requested, a hearing, the Commission shall
render a final decision.
6. An
applicant denied inclusion may reapply for certification six months after the
date of denial.
7. In order to
maintain certification, each mediator must renew annually on a form supplied by
the Commission which must be accompanied by a renewal fee in the amount of $75.
The date for renewal will be September 1 of each year.
C.
Standards for Inclusion on Roster
of Certified Mediators
1.
Family/Juvenile
a. Have completed a minimum of
40 hours in a family mediation training program approved by the Commission; or
have completed 40 hours of basic mediation training with an additional 20 hours
of family mediation training in a program devoted entirely to family or
parenting mediation which is approved by the Commission;
b. Have a bachelor's level degree with at
least two years work experience in family and marriage issues; or have a
master's degree or higher in social work, mental health, behavioral social
science, or communications; or have a juris doctorate;
c. Have observed, mediated, or co-mediated
two family mediations;
d. Be of
good moral character; and
e. Accept
and follow the Arkansas Alternative Dispute Resolution Commission's
Requirements for the Conduct of Mediation and
Mediators
2.
Civil/Probate
a. Have completed a minimum of
40 hours in a mediation training approved by the Commission;
b. Have a master's level degree or higher; or
have a juris doctorate
c. Have
observed, mediated, or co-mediated two mediations of circuit court cases other
than family or juvenile matters;
d.
Be of good moral character; and
e.
Accept and follow the Arkansas Alternative Dispute Resolution Commission's
Requirements for the Conduct of Mediation and Mediators
Note: all degrees must have been obtained at an accredited
college, university or law school.
D.
Requirements for Annual
Renewal
1. In order to maintain
certification, each mediator must renew annually. Certified mediators will
receive a renewal packet each year from the Commission. The date for renewal is
September 1 of each year.
2. In
order to qualify for certification renewal, each mediator must provide the
following to the Coordinator of the Commission:
a. Completed and signed renewal
form
b. Evidence of completion of 6
hours of CME
c. Mediation
statistical reports (provided by the Commission)
d. Updated profile form
e. $75 renewal fee
3.
Continuing Mediation
Education: Certified Mediators must receive 6 hours each year of
continuing mediation education. This CME requirement may be met by attending a
CME program conducted by the Commission, or by attending some other mediation
related program which is approved by the Commission to qualify for
CME.
4.
Mediation
Statistical Reports: All certified mediators are required to maintain
certain information on each court ordered case they mediate. The information is
to be recorded on a form provided by the Commission. All such forms are to be
submitted to the Commission when the mediator applies for renewal of his or her
certification. None of the information required will violate the terms of
confidentiality. The information will be used to generate a statistical report
that will be distributed to the circuit courts, and available to anyone who
requests it.
Statistical reports should be submitted to the Commission at the
conclusion of each court ordered mediation. Any reports not submitted by the
time of renewal must be included with the renewal application.
5.
Mediator
Profiles: The Commission maintains a profile of each certified
mediator. The profiles are provided to circuit court judges, attorneys, and
parties who are would like additional information when selecting a mediator. At
renewal each year, mediators are given an opportunity to update information on
their profiles.
Note: If anything in these requirements and procedures conflict
with previous publications promulgated by the Arkansas Alternative Dispute
Resolution Commission, the requirements and procedures in this document
override the previously promulgated publications.
Procedures for the Discipline of Mediators
Disciplinary Action
The Commission may take disciplinary, adverse, or other action
against any applicant or mediator included on the Commission's Roster of
Certified Mediators for any of the following:
1. Fraud, deceit, material misrepresentation
or omission, in application to the Commission's Roster of Mediators or any
other information provided to the Commission whenever discovered.
2. Any gross negligence, incompetence, or
misconduct in the practice of mediation.
3. Any felony; or any misdemeanor involving
violence, threatened violence or moral turpitude or adversely affecting the
practice of mediation.
4. Any
violation of the Commission's Requirements for the Certification of
Mediators for Circuit Courts.
5. Any violation of the Requirements
for the Conduct of Mediations and Mediators.
6. A violation of the policies or procedures
of any program administered by the Commission.
Method for Hearings
Complaints/Allegations-- Complaints or
allegations made against any person shall be in writing, and signed by the
person or persons making them, and shall be filed with the Coordinator for the
Commission. Reports, complaints, or allegations may also be made to the
Commission by the Coordinator or Commission members.
Unless dismissed by the Commission as unfounded or trivial, all
charges shall be heard by the Commission within a reasonable time.
Investigation - Once the Commission is made
aware of a complaint or allegation, they may appoint an investigation
committee. The Committee may include one member of the Commission, the
Coordinator, Assistant Coordinator for the Commission, and may be advised the
Assistant Attorney General assigned to advise the Commission. The Committee may
serve in the following capacities:
1)
to gather information to determine if a complaint or allegation is founded or
legitimate; and
2) to provide
evidence to be used in presenting the case; and
3) such other capacities as permitted or not
prohibited by law or regulation.
Notice-- All parties shall be given an
opportunity for hearing after reasonable notice consistent with the
Administrative Procedures Act codified at Ark. Code Ann. §
25-15-201 et
seq.
Continuances- A continuance shall be granted
only for good cause. Requests for continuances must be made to the Commission
in writing and received no less than 10 working days prior to the scheduled
hearing.
Hearing--Opportunity shall be given to all
parties to respond and present evidence and argument on all issues
involved.
1. at
any hearing, the party shall have the right to appear in person. The party may
also be represented by counsel.
2.
to cross examine witnesses and evidence in his or her defense.
Failure to Appear-- If, after being served
notice, the party fails to appear and has not been granted a continuance, the
Commission may conduct the proceedings without the party's presence.
Panel to Hear Case - Five of the seven
Commission members must be present to conduct a hearing. Any member of the
Commission who has served on the investigation committee for the case, or who
initiated the complaint, is prohibited from sitting on the panel.
Presiding Officer- The Chair of the Commission
may be the presiding officer at hearings, or the Commission may elect to have a
hearing officer preside over any hearing. If the Chair is
unavailable, a majority of the Commission members present may select a
presiding officer from among the Commission members present or elect to have a
hearing officer preside over the hearing.
The presiding officer shall have the power to maintain order and
generally regulate and guide the course of the pending proceeding.
Legal Assistance - The Attorney General of the
State of Arkansas or one of his assistants may act as legal advisor to the
Commission and render legal assistance needed in fulfilling the provisions of
the Commission's Rules
Decisions
If, after hearing the evidence, a majority of the Commission
members present and participating sustain the disciplinary, adverse, or other
action the Commission may reprimand, suspend, revoke, limit or otherwise
condition the mediator's certificate, remove or refuse to include his or her
name on the Commission's Roster of Certified Mediators.
A final decision will be made in writing within 15 days of the
hearing. A final decision shall include findings of fact and conclusions made
in the hearing. Findings of fact shall include a concise and explicit statement
of the underlying facts supporting the findings. A copy of the findings shall
be served to the party by registered mail.
Appeal
The decision of the Commission may be appealed within 30 days of
service of the same upon respondent as specified in the Administrative
Procedures Act codified at Ark. Code Ann. §
25-15-201 et
seq.
Informal Disposition of Complaints
Nothing contained herein shall prohibit informal disposition of
complaints or allegations by settlement, consent or agreement of
parties.
Amendments to the Procedures
These rules, regulations, and definitions may be modified, added
to, or deleted as deemed appropriate by the Arkansas Alternative Dispute
Resolution Commission in the method prescribed for such changes by the laws of
the State of Arkansas.
