Arkansas Administrative Code › Agency 187 - Alternative Dispute Resolution Commission › Rule 187.00.12-001 - Requirements of the Conduct of Mediation and Mediators

Current through Register Vol. 49, No. 6, June, 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 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.