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 in which divisions of circuit court the mediator is
qualified to serve, depending on the mediator=s 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 which is set annually by the Commission.
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
certification shall have the right to request reconsideration of such a denial
by the Commission.
5. Applicants
may request a waiver of one or more requirements. Such waiver is to made in
writing and addressed to the Coordinator of the Commission. The Commission, at
its discretion, may waive any of the certification requirements set forth in
Section C of these standards.
6.
Notification of certification shall be made by letter and shall indicate in
which categories the person is certified: Domestic Relations matters, Juvenile
matters, and/or Civil and Probate matters. 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 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, the Commission
shall render a final decision.
7.
An applicant denied certification may reapply six months after the date of
denial.
8. 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. The renewal fee is set
by the Commission annually. The date for renewal will be September 1 of each
year.
9. Applicants who reside
outside the state of Arkansas must agree to submit to the jurisdiction of
Arkansas courts and designate an agent of service in Arkansas.
C.
Standards for Inclusion
on Roster of Certified Mediators
1.
Domestic Relations
a.
Training1. Have
completed a minimum of 40 hours in a family mediation training program approved
by the Commission; or
2. 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;
3. Applicants who complete a basic or family
mediation training course outside of Arkansas must also complete the
Commission=s course on Arkansas Law for Mediators.
b.
Education
1. Have a bachelor=s level degree with at
least two years work experience in family and marriage issues; or
2. Have a master=s degree or higher;
or
3. Have a bachelor=s degree plus
a graduate level certificate in conflict resolution from an accredited college,
university, or law school that has been approved by the Commission;
or
4. Have a juris doctorate or
equivalent; or
5. Have substantial,
demonstrated, and satisfactory knowledge, skills, abilities, and experience as
a mediator in the applicable field of mediation
c.
Practical
Experience1. Have observed,
mediated, or co-mediated two domestic relations mediations;
2. Observations and co-mediations must be
completed in Arkansas with a mediator who is certified by the Arkansas ADR
Commission .
d.
Ethics1. Be of good
moral character; and
2. Accept and
follow the Arkansas Alternative Dispute Resolution Commission=s
Requirements for the Conduct of Mediation and
Mediators
2. Juvenile Division Mediators
a.
Training
1. Have completed a minimum of 40 hours in a
family mediation training program approved by the Commission; or
2. 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; and
3. Have completed a
course on the Arkansas juvenile court system approved by the
Commission.
4. Applicants who
complete a basic or family mediation training course outside of Arkansas must
also complete the Commission=s course on Arkansas Law for Mediators.
b.
Education1. Have a
bachelor=s level degree with at least two years work experience in family
issues; or
2. Have a master=s
degree or higher; or
3. Have a
bachelor=s degree plus a graduate level certificate in conflict resolution from
an accredited college, university, or law school that has been approved by the
Commission; or
4. Have a juris
doctorate or equivalent; or
5. Have
substantial, demonstrated, and satisfactory knowledge, skills, abilities, and
experience as a mediator in the applicable field of mediation
c.
Practical
Experience1. Have observed,
mediated, or co-mediated two juvenile mediations;
2. Observations and co-mediations must be
completed in Arkansas with a mediator who is certified by the Arkansas ADR
Commission .
d.
Ethics1. Be of good
moral character; and
2. Accept and
follow the Arkansas Alternative Dispute Resolution Commission=s
Requirements for the Conduct of Mediation and
Mediators
3. Civil/Probate Division Mediators
a.
Training
1. Have completed a minimum of 40 hours in a
mediation training approved by the Commission;
2. Applicants who complete a mediation
training course outside of Arkansas must also complete the Commission=s course
on Arkansas Law for Mediators.
b.
Education
1. Have a master=s level degree or higher;
or
2. Have a bachelor=s degree plus
a graduate level certificate in conflict resolution or mediation from an
accredited college, university, or law school that has been approved by the
Commission; or
3. Have a juris
doctorate or equivalent; or
4. Have
substantial, demonstrated, and satisfactory knowledge, skills, abilities, and
experience as a mediator in the applicable field of
mediation
c.
Practical Experience
1. Have observed, mediated, or co-mediated
two mediations involving issues that would be heard in circuit court, other
than domestic relations or juvenile matters;
2. Observations and co-mediations must be
completed in Arkansas with a mediator who is certified by the Arkansas ADR
Commission .
d.
Ethics1. Be of good
moral character; and
2. Accept and
follow the Arkansas Alternative Dispute Resolution
Commission=s
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 continuing mediation education (CME)
c. Mediation statistical reports (provided by
the Commission)
d. Updated profile
form
e. 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 must be
submitted to the Commission when the mediator applies for renewal of
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 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.
Any mediator certified in the family/juvenile category prior to
the finalization of these revised standards will be grand-fathered in under the
new requirements for certification in the juvenile category.