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 orCourt-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.
