Arkansas Administrative Code › Agency 187 - Alternative Dispute Resolution Commission › Rule 187.00.17-005 - Requirements for the Certification of Mediators for the State Employee Grievance Program

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