Arkansas Administrative Code › Agency 187 - Alternative Dispute Resolution Commission › Rule 187.00.01-002 - Guidelines for Mediator Skills and Qualifications - Required before a person can be placed on the Roster of mediators

Current through Register Vol. 49, No. 6, June, 2024
MEDIATOR SKILLS
The following are skills and attributes which the Arkansas
			 Alternative Dispute Resolution Commission recommends for competent performance
			 as a neutral mediator.
(1) Good moral
		  character;
(2) Ability to listen
		  actively;
(3) Ability to understand
		  and analyze complex factual materials;
(4) Ability to use clear, concise
		  language;
(5) Ability to recognize
		  and respect gender, ethnic, and cultural differences of disputants;
(6) Ability to analyze problems, identify and
		  separate the issues involved, and frame these issues for resolution or decision
		  making;
(7) Ability to screen out
		  non-mediable issues;
(8) Ability to
		  suggest creative options for resolution of mediable issues;
(9) Ability to discuss with the parties the
		  process that will be used to
resolve the dispute if no agreement is reached;
(10) Ability to reduce the agreement of the
		  parties to writing;
(11)
		  Persistence;
(12)
		  Patience;
(13) Ability to maintain
		  control of a diverse group of disputants;
(14) Adherence to the
Arkansas
		  Alternative Dispute Resolution Commission's Requirements for the Conduct of
		  Mediation and Mediators,
REQUIREMENTS AND PROCEDURES FOR THE INCLUSION OF MEDIATORS
			 ON THE ROSTER OF THE
A.
Scope of Requirement
All mediators on the Roster of the Arkansas Alternative Dispute
			 Resolution Commission shall be qualified pursuant to these Requirements,
			 promulgated specifically for this Roster. The public should be aware that
			 inclusion in this Roster is not certification by the Arkansas Alternative
			 Dispute Resolution Commission.
B.
Procedures for Inclusion on the
		  Roster of Mediators
1. An applicant
		  for qualification and inclusion on the Commission's Roster shall make
		  application to the Office of the Commission, to the attention of the
		  Coordinator, on a form to be provided by the Commission.
2. An application for qualification and
		  inclusion on the Commission's Roster shall be accompanied by an administrative
		  handling fee of $25.
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 Cetifying
		  accuracyof information contained in the application.
4. Application for inclusion on the Roster
		  shall be acted upon by the Office of the Coordinator of the Commission. Any
		  applicant denied inclusion shall have the right to request a hearing before the
		  Commission for reconsideration of such a denial.
5. Notification of inclusion shall be made by
		  letter. A letter denying inclusion shall state the grounds for the denial and
		  make reference to the right of the applicant to request a hearing for
		  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, and, if requested, a hearing, the Commission shall render a
		  final decision.
6. An applicant
		  denied inclusion may reapply for inclusion six months after the date of
		  denial.
7. In order to continue on
		  the Roster, each mediator must renew annually with the Coordinator on a form
		  supplied by the Commission which must be accompanied by a renewal fee in the
		  amount of $10. The date for renewal will be September 1 of each year.
C.
Standards for Inclusion
		  on Roster
To be included on the Roster, all applicants must meet the
			 following quailcations:
1. Must have a
		  bachelor's degree from an accredited college or university;
2. Must submit evidence of successful
		  completion of at least 40 hours of training in basic mediation skills offered
		  by a training program approved by the Commission;
3. Must submit evidence of observation,
		  co-mediation or mediation of at least two complete mediations;
4. Be of good moral character;
5. Accept and follow the
Arkansas
		  Alternative Dispute Resolution Commission's Requirements for the Conduct of
		  Mediation and Mediators.
RECOMMENDED GUIDELINES FOR THE TRAINING AND QUALIFICATION
			 OF COURT-REFERRED MEDIATORS OR MEDIATORS PARTICIPATING IN COURT-ANNEXED
			 MEDIATION SYSTEMS
The Commission recommends the following guidelines as minimum
			 standards for the qualifications of court-referred mediators or for mediators
			 participating in court-annexed systems either in individual jurisdictions or in
			 a statewide program. The Commission recommends guidelines for three types of
			 mediation referrals or court-annexed mediation systems:
(1) Small Claims;
(2) Family Mediation;
(3) Circuit or Chancery Mediation for other
		  than family matters. These guidelines are intended to assist the courts in
		  ensuring that court-referred mediators meet a high standard of competence and
		  ethical responsibility.
Upon request, the ADR Commission will provide from its Roster the
			 names of those mediators meeting these guidelines (along with their statements
			 of training and experience) to any Arkansas court creating a court-annexed
			 mediation system or seeking the names of mediators for possible referrals.
			 Courts, mediators, and the public should be aware that, in creating a
			 court-amiexed mediation system or making mediation referrals, an Arkansas court
			 is free to use these standards, or to create its own requirements, which may be
			 greater, lesser, or different from the standards suggested here.
These guidelines may also be usefiil to administrative agencies
			 and other governmental units estabhshing mediation programs.
A.
Scope of Guidelines Promulgated by
		  a Court for a Court-annexed system or
Court-referred
Mediations (if that Court accepts the Arkansas ADR Commission
Guidelines)
The Arkansas Alternative Dispute Resolution Commission recommends
			 that a Court begin its guidelines with the following statement of scope
"All mediators receiving referrals through this Court-annexed
			 program or from this Court should be court-approved pursuant-to requirements
			 promulgated by
(Fill in name of court or program making referral or establishing
			 Court-annexed system)
The following sets forth these requirements:"
B.
Qualifications for different types
		  of program
The Court establishing the system or making the referral should
			 choose the appropriate one of the following categories of guidelines:
1. Small Claims Courts
a. Have completed a minimum of 16 hours
		  training in a training program specifically designated for small claims courts
		  and approved by the Commission, or complete a 40 hour training course as
		  described in Requirements and Procedures for the inclusion of Mediators on the
		  Roster of the Arkansas Alternative Dispute Resolution Commission [hereinafter
		  Requirements];
b. Be of good moral
		  character; and
c. Accept and follow
		  the
Arkansas Alternative Dispute Resolution Commission's Requirements
		  for the Conduct of Mediation and Mediators.
Please note:
Courts and mediators should note that for court-annexed or
			 referred small claims mediations only, there may be some mediators who meet
			 this small claims guideline by having small claims mediation training, without
			 also meeting the education and training standard of Requirements, Section C(2).
			 These mediators will be qualified for small claims mediations under these
			 standards, even though they will not appear on the Roster of Mediators
			 maintained by the Arkansas Alternative Dispute Resolution Commission.
2. Family Mediators
a. Have completed a minimum of 40 hours in a
		  family mediation training program approved by the Commission; or have completed
		  40 hours of basic mediation training with an additional 20 hours of family
		  mediation training in a program devoted entirely to family or parenting
		  mediation and which is approved by the Commission;
b. Have a bachelor's level degree with at
		  least two years work experience in family and marriage issues; or have a
		  master's degree or higher in social work, mental health, behavioral social
		  science, or communications,-or he an attorney;
c. Have observed, mediated, or co-mediated
		  two family mediations;
d. Be of
		  good moral character; and
e. Accept
		  and follow the
Arkansas Alternative Dispute Resolution Commission's
		  Requirements for the Conduct of Mediation and Mediators.
3. Circuit or Chancery Court
		  Mediators for other than family matters
a.
		  Have completed a minimum of 40 hours in a mediation training approved by the
		  Commission;
b. , Be a member in
		  good standing of the Arkansas Bar; or have a
master's level degree or higher;
c. Have observed, mediated, or co-mediated
		  two mediations of Circuit or Chancery Court cases other than family
		  matters;
d. Be of good moral
		  character;
e. Accept and follow the
Arkansas Alternative Dispute Resolution Commission's Requirements for
		  the Conduct of Mediation and Mediators.
NOTE
Upon implementation of Amendment 80 to the Arkansas Constitution,
			 references to Chancery, Circuit, or Circuit/Chancery Courts or cases shall
			 apply to Circuit Courts or cases.
Experience gained before the effective date of Amendment 80 in
			 either Circuit or Chancery Court cases shall apply to meeting the Guidelines
			 for Mediators in Circuit
Court cases thereafter.
ADOPTED without dissent by the Arkansas Alternative Dispute
			 Resolution Commission at a public meeting April 13,2001.