Arkansas Administrative Code
Agency 187 - Alternative Dispute Resolution Commission
Rule 187.00.17-004 - Requirements for the Certification of Mediators for Circuit Courts
Universal Citation: AR Admin Rules 187.00.17-004
Current through Register Vol. 49, No. 9, September, 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).
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. Certified
transcript or letter from a college or university verifying the applicant's
educational background;
b. Evidence
of successful completion of the appropriate mediation training for the
Roster;
c. Appropriate forms
authorizing the Commission to run background checks
d. Statement of experience/areas of
expertise;
e. Statement of
adherence to the Arkansas Alternative Dispute Resolution Commission=s
Requirements for the Conduct of Mediation and Mediators; and
f. 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, recertification requirements, or continuing
mediation education requirements set forth of these standards.
6. Notification of certification shall be
made by letter and shall indicate in which categories the person is certified:
Civil, Probate, Domestic Relations, and/or Juvenile.
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 30 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. 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.
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.
11. Temporary
Certification: The following applicants are eligible for temporary
certification while completing the process for full certification, if the
applicant is the holder in good standing of a substantially equivalent
certificate issued by another state.
a. Active
duty military service members stationed in the State of Arkansas,
b. Returning military veterans who were
discharged under circumstances other than dishonorable and who are applying
within one year of discharge from active duty, and;
c. Spouses of active duty military service
members or spouses of returning military veterans applying within one year of
discharge from active duty.
The applicant must notify the Commission on their application that they fall into one of the categories eligible for temporary certification and provide documentation verifying eligibility.
12. Expedited Application Process: The
Commission will expedite the process and procedures for full certification for
the following applicants:
a. Active duty
military service members stationed in the State of Arkansas,
b. Returning military veterans who were
discharged under circumstances other than dishonorable and who are applying
within one year of discharge from active duty, and;
c. Spouses of active duty military service
members or spouses of returning military veterans applying within one year of
discharge from active duty.
The applicant must notify the Commission on their application that they fall into one of the categories eligible for expedited application processing and provide documentation verifying eligibility.
13. Military Training and
Experience: When considering an application for full certification for an
active duty military service member stationed in the State of Arkansas or a
returning military veteran applying with one year of his or her discharge from
active duty, the Commission will consider the applicant's military training and
experience and if it is determined to be substantially similar to experience or
education required for certification, the training and experience will be
accepted in lieu of experience or education required for
certification.
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
basic or civil 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 three years of completing their
initial mediation training. If a complete certification application has not
been submitted to the Commission within the three 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
their initial mediation training, this requirement may be waived at the
Commission's discretion. If the applicant is certified by the Commission in
another division, the three year time limit is not applicable.
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.
3. Observations must be completed during, or
after, completion of mediation training.
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
3.
Submit to an Arkansas State Police Records check and an Arkansas Child
Maltreatment Registry check. If the applicant has resided in any state other
than Arkansas in the previous five years, they must submit to a background
check in the state or states of prior residence in that prior five
years.
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 40 hour family mediation
training approved by the Commission; or
2. Have completed 40 hours of basic or civil
mediation training with an additional 20 hour family mediation training devoted
entirely to family or parenting mediation which is approved by the
Commission;
3. Applicants who
complete a basic, civil or family mediation training course outside of Arkansas
must also complete the Commission=s course Mediator Ethics, Law and
General Practices in Arkansas. If the applicant has completed an
approved mediation training course in Arkansas, this requirement will be
waived.
4. Applicants must complete
the certification process within three years of completing their initial
mediation training. If a complete certification application has not been
submitted to the Commission within the three 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 their initial mediation training, this requirement may be
waived at the Commission's discretion. If the applicant is certified by the
Commission in another division, the three year time limit is not
applicable.
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.
3. Observations must be completed during, or
after, completion of mediation training.
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.
3. Submit to an Arkansas State Police Records
check and an Arkansas Child Maltreatment Registry check. If the applicant has
resided in any state other than Arkansas in the previous five years, they must
submit to a background check in the state or states of prior residence in that
prior five years.
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 40 hour family mediation training approved by the Commission;
or
2. Have completed a 40 hour
basic or civil mediation training with an additional 20 hour family mediation
training devoted entirely to family or parenting mediation and 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 three years of
completing basic mediation training. If a complete certification application
has not been submitted to the Commission within the three 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 their initial mediation training, this requirement may be
waived at the Commission's discretion. If the applicant is certified by the
Commission in another division, the three year time limit is not
applicable.
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.
a. 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 the applicant
is qualified for certification in the juvenile category.
2. If there is a three month period in which
there are no opportunities to work with a mentor and the applicant has mediated
five domestic relations or probate cases, the applicant, with authorization
from the Coordinator for the Commission, may:
a. observe or co-mediate three juvenile
mediations, one of which must be a dependency neglect case; or
b. observe a facilitated dependency neglect
staffing and observe or co-mediate two juvenile mediations; or
c. observe or co-mediate one juvenile
mediation, one dependency neglect facilitated staffing, and co-facilitate one
dependency neglect facilitated staffing.
i.
Observations or co-mediations must be completed with a mediator who is
certified by the Arkansas ADR Commission.
ii. Applicants for juvenile certification
must receive authorization from the Coordinator for the Commission to complete
the practical experience component using prior experience and observations or
co-mediations.
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.
3. Submit to an Arkansas State Police Records
check and an Arkansas Child Maltreatment Registry check. If the applicant has
resided in any state other than Arkansas in the previous five years, they must
submit to a background check in the state or states of prior residence in that
prior five years.
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. The date for renewal is September 1 of each year.
Applications for renewal must be received by the Commission by August
31.
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 Commission approved continuing mediation education
(CME)
c. Mediation statistical
reports for all court ordered cases mediated by the mediator during the
reporting period. The reports must be made on a form provided by the
Commission.
d. Renewal
fee
3.
Continuing Mediation Education: Certified Mediators must
complete 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.
The Commission will allow a full or partial exemption from continuing mediation education requirements for the following individuals:
a. An active duty
military service member deployed outside the State of Arkansas.
b. A returning military veteran with one year
of his or her discharge from active duty; or
c. The spouse of a person who is an active
duty military service member deployed outside the State of Arkansas or a
returning military veteran with one year of his or her discharge from active
duty.
The mediator must notify the Commission that they fall into one of the categories eligible for an exemption from continuing mediation education requirements and provide documentation verifying eligibility.
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. 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 available to assist anyone 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.
Certification held by an active duty military service member deployed outside the State of Arkansas, or his or her spouse, will not expire or lapse until 180 days following the active duty military service member's return from active deployment. Service members should notify the Commission at the time they are deployed outside the State of Arkansas, and when they return from active deployment.
To return to active status, the mediator must:
1) submit a renewal application,
2) submit proof of completion of continuing
mediation education hours due for all reporting periods that occurred during
the lapsed period,
3) and
certification fees due for all reporting periods that occurred during the
lapsed period, up to $225,
4)
submit to background checks. The reporting period for mediators is September
1st through August 31st
of each year.
9.
Inactive Status: A mediator desiring to be placed on inactive
status for personal or professional reasons may petition the Commission. Such
reasons may include, but are not limited to, being on active military outside
the State of Arkansas, temporary appointment to the bench or political office,
or serious health issues. 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.
Return to active status occurs automatically at the expiration of the inactive status period. The mediator may request to return to active status prior to the expiration of the inactive status period. All requests must be made in writing to the Coordinator for the Commission.
10. Relinquishment of Certification: A
certified mediator may voluntarily relinquish their certification for any
reason. Upon relinquishment, their name will be removed from the Roster of
Certified Mediators and the mediator will not be eligible to return to active
status as a certified mediator unless they apply for reinstatement and the
application is approved by the Commission.
Applicants for reinstatement must complete the number of CME hours they would have been required to complete if certification had been maintained, not to exceed 24 hours, submit to background checks, and pay a reinstatement fee of $75.
To relinquish certification, the mediator must complete a form provided by the Commission stating that they are voluntarily relinquishing certification and that they understand they are no longer eligible to mediate for compensation cases ordered to mediation by the Arkansas Circuit courts, unless authorized under Ark. Code Ann. § 16-7-202.
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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