Current through Register Vol. 49, No. 2, February 2024
A. Scope
of Requirements
All mediators on the Roster of Certified Mediators for the State
Employee Grievance Program shall be qualified pursuant to these Requirements.
Persons included on this Roster are eligible to serve as mediators in and for
the program pursuant to Ark. Code Ann. '
21-1-704.
B.
Procedures for Inclusion on the
Roster of Certified Mediators for the State Employee Grievance Program
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, including a certified letter or transcript from the
university or college conferring the degree;
b. Evidence of successful completion of the
appropriate mediation training;
c.
Statement of adherence to the Arkansas Alternative Dispute Resolution
Commission=s Requirements for the Conduct of Mediation and Mediators in the
State Employee Grievance Program; and
d. 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 in these standards.
6. Notification of certification shall be
made by letter. A letter denying certification 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.
7. An applicant denied certification may
reapply six months after the date of final Commission action.
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 for the State
Employee Grievance Program
1.
Traininga. Have
completed a minimum of 40 hours in a mediation training approved by the
Commission for the State Employee Grievance Program; or
b. Be certified and in good standing on the
Commission's Roster of Mediators for the Arkansas Circuit Courts, and have
completed the Orientation to the Arkansas State Employee Grievance Mediation
Program.
c. 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 three year period, the applicant must
retake all training required for certification.
2.
Education
a. Have a bachelor=s degree or higher;
or
b. Have substantial,
demonstrated, and satisfactory knowledge, skills, abilities, and experience as
a mediator in the applicable field of mediation.
3.
Practical
Experiencea. Have co-mediated
two state employee grievance program mediations.
b. Co-mediations must be completed with a
certified mediator for State Employee Grievance Program. The Commission may
consider evaluations made by the co-mediator when determining whether or not
the applicant is qualified for certification.
4.
Ethics
a. Be of good moral character; and
b. Accept and follow the Arkansas Alternative
Dispute Resolution Commission=s Requirements for the Conduct of
Mediation and Mediators in the State Employee Grievance
Program;
c. Submit to an
Arkansas State Police background check.
5.
Examination
a. 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 State Employee Grievance Program.
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 apply 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. Renewal fee
Recertification will be granted based upon the applicant's timely
compliance with all certification, continuing mediation education, and
recertification standards.
3.
Continuing Mediation
Education: Certified State Employee Grievance Program Mediators must
receive 6 hours each year of continuing mediation education. The requirement
may be met by attending a program which is approved by the Commission to
qualify for continuing mediation education (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.
5.
Active Status:
Completion of all renewal requirements and submission of the recertification
application in a timely manner maintains active certification status.
6.
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.
7.
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.
8.
Inactive Status: A mediator desiring to be placed on inactive
status for personal or professional reasons may petition the Commission.
Reasons may include, but are not limited to, being on active military duty
outside the State of Arkansas, temporary appointment to the bench or pollical
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.
9. 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.
