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 $75 application fee.
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 be 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 $75 renewal fee. The renewal fee is set by the Commission
annually. Recertification applications must be received by the Commission
office by August 31st of each year. The date for
renewal will be September 1st 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.
Civil Division Mediators
a.
Training1. 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.
3. Applicants must complete the certification
process within five years of completing basic mediation training. If a complete
certification application has not been submitted to the Commission within the
five year period, the applicant must retake all training required for
certification in the civil division. If the applicant can demonstrate that they
have actively mediated since receiving the basic mediation training, this
requirement may be waived at the Commission's discretion.
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
Experience1. 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 of
a case that is, or would be, filed in the civil division of the Arkansas
Circuit Courts. Observations and co-mediations must be completed with a
mediator who is certified by the Arkansas ADR Commission .
d.
Ethics
1. 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
e.
Examination
1. Prior to granting certification, the
Commission may require applicants to successfully complete an examination on
mediation concepts, ethics, and other topics relevant to mediation in the
Arkansas Circuit Court system.
2. Domestic Relations
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;
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.
4. Applicants must complete the certification
process within five years of completing basic mediation training. If a complete
certification application has not been submitted to the Commission within the
five year period, the applicant must retake all training required for
certification in the domestic relations division. If the applicant can
demonstrate that they have actively mediated since receiving the basic
mediation training, this requirement may be waived at the Commission's
discretion.
b.
Education1. 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 of
a case that is, or would be, filed in the domestic relations division of the
Arkansas Circuit Courts. Observations and co-mediations must be completed with
a mediator who is certified by the Arkansas ADR Commission.
d.
Ethics
1. 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.
e. Examination
1. Prior to granting certification, the
Commission may require applicants to successfully complete an examination on
mediation concepts, ethics, and other topics relevant to mediation in the
Arkansas Circuit Court system.
3. Probate Division
a. Any mediator who is certified in, or meets
the certification requirements of either the civil division or the domestic
relations division is eligible for certification in the probate
division.
4. Juvenile
Division Mediators
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; 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.
5. Applicants must complete the certification
process within five years of completing basic mediation training. If a complete
certification application has not been submitted to the Commission within the
five year period, the applicant must retake all training required for
certification in the juvenile division. If the applicant can demonstrate that
they have actively mediated since receiving the basic mediation training, this
requirement may be waived at the Commission's discretion.
b.
Education
1. 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 mediated at
least five Arkansas circuit court cases within the past three years
2. Have co-mediated two dependency-neglect
cases, one Families in Need of Services case, and one delinquency
case;
3. Co-mediations must be
completed in Arkansas with a mediator who is certified by the Arkansas ADR
Commission and designated as a juvenile mediation mentor, and the applicant
must received acceptable evaluation by the mentor.
d.
Ethics
1. 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.
e. Examination
1. Prior to granting certification, the
Commission may require applicants to successfully complete an examination on
mediation concepts, ethics, and other topics relevant to mediation in the
Arkansas Circuit Court system
.
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 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.
6.
Active
Status: Completion of all renewal requirements and submission of the
recertification application in a timely manner maintains active certification
status.
7.
Suspended
Status: Failure to provide proof of continuing mediation education
hours or submit recertification fees with the renewal application, or for other
good cause shown, may result in suspended certification status. If suspended
for failure to submit CME or fees, the mediator is not eligible for active
status until the following September 1st. If
suspended for good cause shown, the suspension remains in effect until the date
specified by the Commission.
8.
Lapsed Certification: Failure to renew certification will
result in a mediator being placed in lapsed certification status. To renew
certification, the mediator must submit a renewal application, proof of
continuing mediation education hours for the lapsed period, and certification
fees and late fees for the lapsed period. Lapsed status may last for no more
than three years. After three years, the Commission will review the
recertification application to determine if the mediator will be required to
complete the application process as a new applicant. Completing the application
process includes retaking the required mediation training and completing new
mediation observations, as well as all other certification
requirements.
9.
Inactive
Status: A mediator desiring to be placed on inactive status for
personal or professional reasons may petition the Commission. The Commission
may grant inactive status for good cause shown. When inactive status is
granted, the mediator is not required to complete continuing mediation
education or pay certification fees.
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 - The Commission 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 by 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 - Four 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 or her 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.
