Arkansas Administrative Code
Agency 187 - Alternative Dispute Resolution Commission
Rule 187.00.12-001 - Requirements of the Conduct of Mediation and Mediators
Universal Citation: AR Admin Rules 187.00.12-001
Current through Register Vol. 49, No. 2, February 2024
REQUIREMENTS AND PROCEDURES FOR INCLUSION ON THE ROSTER OF CERTIFIED MEDIATORS FOR CIRCUIT COURTS
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 31 ^' of each year. 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.
10. "Bachelor's degree" and "master's degree"
are only those degrees awarded by an institution of higher education accredited
by an agency recognized by the Council for Higher Education (CHEA) and approved
or listed by the United States Department of Education as a recognized
accredited agency. "Juris Doctorate" degrees are only those degrees earned from
a law school accredited by the American Bar Association. Degrees earned outside
the United States shall be evaluated on a case by case basis by the Commission
in order to determine whether the degree is substantially equal to a like and
similar degree earned in this country and which degree if earned in this
country would have been subject to the standards and academic quality which
would be mandated by the foregoing accreditation process and procedure in this
country.
C. Standards for Inclusion on Roster of Certified Mediators
1. Civil 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
Mediator Ethics, Law and General Practices in
Arkansas.
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 Conmiission 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
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 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 Mediator Ethics, Law and General
Practices in Arkansas.
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.
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; 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
Experience
1. 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.
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 Mediator Ethics, Law and General Practices in
Arkansas.
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;
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
Experience
1. Have co-mediated
three cases from the juvenile division of the Arkansas Circuit courts, at least
one of which must be a dependency-neglect case.
2. 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. The Commission may consider
evaluations made by the mentor mediator when determining whether or not the
applicant is qualified for certification in the juvenile category.
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.
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 opportimity 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 1*'. 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.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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