California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 3 - Grantee Operations, Training and Service Standards › Section 3622 - Orientation and Training of Neutral Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each Grantee shall require that all
				persons who provide dispute resolution services on its behalf complete a
				training program. The training must be completed prior to the provision of
				dispute resolution services by that person.
(b) For purposes of fulfilling the
				requirements of section
				468.2(g) of the
				Act, each Grantee shall provide an orientation and training program for
				mediators and other facilitators. The program shall consist of a minimum of 25
				hours of classroom and practical training.
(c) The classroom training shall consist of a
				minimum of 10 hours of lecture and discussion, and shall address the following
				topics:
(1) The history of dispute resolution
				as a problem solving technique and its relationship to the traditional justice
				system;
(2) The Act and these
				Regulations;
(3) An overview of the
				structure of the California justice system and the traditional methods of
				processing civil and criminal cases;
(4) The structure, design, practice, and
				theory of dispute resolution proceedings and services, as defined, including
				the varying roles, functions and responsibilities of neutral persons, and the
				distinction between binding and non binding processes;
(5) Communication skills and techniques,
				including developing opening statements, building trust, gathering facts,
				framing issues, taking notes, empowerment tactics, effective listening and
				clarifications skills. Face-to-face as well as over-the-telephone communication
				skills shall be addressed;
(6)
				Problem identification and disagreement management skills, including
				instruction in the establishment of priorities and areas of agreement and
				disagreement, and the management of special problems that threaten the
				process;
(7) Techniques for
				achieving agreement or settlement, including instruction in creating a climate
				conducive to resolution, identifying options, reaching consensus, and working
				toward agreement;
(8) General
				review of fact patterns present in typical disputes, including landlord-tenant,
				customer-merchant, and neighbor-neighbor cases;
(9) Administrative and intake skills related
				to dispute resolution services, including completion of paperwork involved in
				handling and tracking cases, administrative and reporting forms, correspondence
				with disputants and referral agencies, agreements to mediate or arbitrate, and
				the drafting of settlement agreements and awards;
(10) The role and participation of attorneys
				and witnesses in dispute resolution proceedings;
(11) The organization and administration of
				dispute resolution programs, including intake procedures, follow-up procedures,
				and record-keeping; and
(12) The
				necessity of the voluntary and consensual nature of a disputant's participation
				in any dispute resolution proceedings.