Arkansas Administrative Code › Agency 187 - Alternative Dispute Resolution Commission › Rule 187.00.17-004 - Requirements for the Certification of Mediators for Circuit Courts

Current through Register Vol. 49, No. 6, June, 2024
A.
Scope
		  of Requirement
s
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.