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 fee which is set annually by the Commission.
3. The application shall contain or be
accompanied by the following:
a. statement of
educational background;
b. evidence
of successful completion of the appropriate
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;
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. 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.
6. An applicant denied
certification may reapply six months after the date of denial.
7. In order to maintain certification, each
mediator must renew annually on a form supplied by the Commission which must be
accompanied by a renewal fee. The renewal fee is set by the Commission
annually. The date for renewal will be September 1 of each year.
D.
Requirements
for Annual Renewal
1. In order to
maintain certification, each mediator must renew annually. Certified mediators
will receive a renewal packet each year from the Commission. The date for
renewal is September 1 of each year.
2. In order to qualify for certification
renewal, each mediator must provide the following to the Coordinator of the
Commission;
a. Completed and signed renewal
form
b. Evidence of completion of 6
hours of continuing mediation education (CME)
c. Mediation statistical reports (provided by
the Commission)
d. Updated profile
form
e. Renewal fee
3. Continuing Mediation Education:
Certified Mediators must receive 6 hours each year of continuing mediation
education. This CME requirement may be met by attending a CME program conducted
by the Commission, or by attending some other mediation related program which
is approved by the Commission to qualify for CME.
4. Mediation Statistical Reports: All
certified mediators are required to maintain certain information on each court
ordered case they mediate. The information is to be recorded on a form provided
by the Commission. All such forms must be submitted to the Commission when the
mediator applies for renewal of certification. None of the information required
will violate the terms of confidentiality. The information will be available to
anyone who requests it.
Statistical reports should be submitted to the Commission at the
conclusion of each court ordered mediation. Any reports not submitted by the
time of renewal must be included with the renewal application.
5. Mediator Profiles: The
Commission maintains a profile of each certified mediator. The profiles are
provided to circuit court judges, attorneys, and parties who would like
additional information when selecting a mediator. At renewal each year,
mediators are given an opportunity to update information on their profiles.
Note: If anything in these requirements and procedures conflict
with previous publications provided by the Arkansas Alternative Dispute
Resolution Commission, the requirements and procedures in this document
override the previously promulgated publications.
Any mediator certified in the family/juvenile category prior to
the finalization of these revised standards will be grandfathered in under the
new requirements for certification in the juvenile category.
Procedures for the Discipline of Mediators
Disciplinary Action
The Commission may take disciplinary, adverse, or other action
against any applicant or mediator included on the Commission's Roster of
Certified Mediators for any of the following:
1. Fraud, deceit, material misrepresentation
or omission, in application to the Commission's Roster of Mediators or any
other information provided to the Commission whenever discovered.
2. Any gross negligence, incompetence, or
misconduct in the practice of mediation.
3. Any felony; or any misdemeanor involving
violence, threatened violence or moral turpitude or adversely affecting the
practice of mediation.
4. Any
violation of the Commission's Requirements for the Certification of
Mediators for Circuit Courts.
5. Any violation of the Requirements
for the Conduct of Mediations and Mediators.
6. A violation of the policies or procedures
of any program administered by the Commission.
Method for Hearings
Complaints/Allegations-- Complaints or
allegations made against any person shall be in writing, and signed by the
person or persons making them, and shall be filed with the Coordinator for the
Commission. Reports, complaints, or allegations may also be made to the
Commission by the Coordinator or Commission members.
Unless dismissed by the Commission as unfounded or trivial, all
charges shall be heard by the Commission within a reasonable time.
Investigation -. The Commission may appoint an
investigation committee. The Committee may include one member of the
Commission, the Coordinator, Assistant Coordinator for the Commission, and may
be advised by the Assistant Attorney General assigned to advise the Commission.
The Committee may serve in the following capacities:
1) to gather information to determine if a
complaint or allegation is founded or legitimate; and
2) to provide evidence to be used in
presenting the case; and
3) such
other capacities as permitted or not prohibited by law or regulation.
Notice-- All parties shall be given an
opportunity for hearing after reasonable notice consistent with the
Administrative Procedures Act codified at Ark. Code Ann. §
25-15-201 et
seq.
Continuances- A continuance shall be granted
only for good cause. Requests for continuances must be made to the Commission
in writing and received no less than 10 working days prior to the scheduled
hearing.
Hearing--Opportunity shall be given to all
parties to respond and present evidence and argument on all issues
involved.
1. at any hearing, the party
shall have the right to appear in person. The party may also be represented by
counsel.
2. to cross examine
witnesses and evidence in his or her defense.
Failure to Appear-- If, after being served
notice, the party fails to appear and has not been granted a continuance, the
Commission may conduct the proceedings without the party's presence.
Panel to Hear Case - Four of the seven
Commission members must be present to conduct a hearing. Any member of the
Commission who has served on the investigation committee for the case, or who
initiated the complaint, is prohibited from sitting on the panel.
Presiding Officer- The Chair of the Commission
may be the presiding officer at hearings, or the Commission may elect to have a
hearing officer preside over any hearing. If the Chair is
unavailable, a majority of the Commission members present may select a
presiding officer from among the Commission members present or elect to have a
hearing officer preside over the hearing.
The presiding officer shall have the power to maintain order and
generally regulate and guide the course of the pending proceeding.
Legal Assistance - The Attorney General of the
State of Arkansas or one of his or her assistants may act as legal advisor to
the Commission and render legal assistance needed in fulfilling the provisions
of the Commission's Rules
Decisions
If, after hearing the evidence, a majority of the Commission
members present and participating sustain the disciplinary, adverse, or other
action the Commission may reprimand, suspend, revoke, limit or otherwise
condition the mediator's certificate, remove or refuse to include his or her
name on the Commission's Roster of Certified Mediators.
A final decision will be made in writing within 15 days of the
hearing. A final decision shall include findings of fact and conclusions made
in the hearing. Findings of fact shall include a concise and explicit statement
of the underlying facts supporting the findings. A copy of the findings shall
be served to the party by registered mail.
Appeal
The decision of the Commission may be appealed within 30 days of
service of the same upon respondent as specified in the Administrative
Procedures Act codified at Ark. Code Ann. §
25-15-201 et
seq.
Arkansas Alternative Dispute Resolution Commission Rules
for Regulation of Proceedings
I. DESCRIPTION
The Arkansas Alternative Dispute Resolution Commission
("Commission") is composed of seven appointed Commissioners. The mission of the
Commission is to provide the citizens of Arkansas with alternative methods of
resolving their disputes. To achieve that mission, the Arkansas
80th General Assembly assigned the following
authority and responsibilities to the Commission:
a) promote in a systematic manner the
appropriate use of ADR;
b) provide
education to the courts, other government agencies, and the public on methods,
advantages, and applications of ADR;
c) Establish standards and regulations for
the certification, professional conduct, discipline, and training of persons
who shall be eligible and qualified to serve as compensated mediators,
negotiators, conciliators, arbitrators, or other alternative dispute resolution
neutrals in and for state and local courts.
d) Develop recommended guidelines, including
the types of disputes which may be subject to alternative dispute resolution
and standard procedures for mediation, and other forms of alternative dispute
resolution;
e) Assist state and
local courts and governmental and other agencies with the development and
implementation of alternative dispute resolution programs;
f) Develop standardized forms for use in
state and local courts and governmental and other agencies for the reference of
cases to alternative dispute resolution and for the purpose of monitoring the
use of alternative dispute resolution in the state;
g) Establish fees to be levied by the courts
and governmental and other agencies and paid by parties utilizing alternative
dispute resolution processes;
h)
Apply for and accept gifts or grants from any public or private source for use
in maintaining and improving alternative dispute resolution programs in the
state; and
i) Collect fees for
tuition and registration of educational programs and to assist in maintaining a
roster of third-party neutrals.
II. COMMISSION & STAFF
A. Commission Organization
1. The Commission shall consist of seven (7)
members who shall be appointed as follows:
* three (3) members shall be attorneys appointed by the Chief
Justice of the Arkansas Supreme Court, one (1) of whom shall have been
recommended to the court by the Arkansas Bar Association
* One (1) member shall be appointed by the Speaker of the House
of Representatives
* One (1) member shall be appointed by the President Pro Tempore
of the Senate
* Two (2) members shall be appointed by the Governor
2. All members of the Commission
shall have demonstrated prior interest or involvement in alternative dispute
resolution.
3. Pursuant to Ark.
Code Ann. §
16-7-102(a)(3),
at least (1) commission member shall be an Arkansas resident considered to be a
representative of voluntary or nonprofit alternative dispute resolution
programs in the State of Arkansas.
4. Each Commissioner has a responsibility to
attend all regular or special meetings of the Commission. Any Commissioner who
fails to attend three (3) consecutive regular meetings shall be subject to
removal from the Commission pursuant to Ark. Code Ann. §
25-17-211.
5. In accordance with Ark. Code Ann. §
16-7-102(a)(4),
Commissioners shall be appointed for terms of six (6) years.
6. If any member dies, resigns, or is
otherwise unable to serve prior to the expiration of the term, the appointing
entity shall appoint a successor to serve the unexpired portion of the
term.
7. The Commission shall elect
a chairman. The Chairman will serve for a term of one (1) year. The Commission
may elect a vice-chairman who may serve as chairman in the absence or
disability of the chairman.
8. The
election of chairman and vice-chairman shall take place by a vote of the total
membership at the first regular meeting of the Commission following July 1 of
each year.
9. A majority of the
Commission shall constitute a quorum.
B. Staff Organization
1. The Commission shall select a Coordinator
of Alternative Dispute Resolution Programs, who shall be an employee of the
Administrative Office of the Courts.
2. Other employees may be added by the
Commission as are needed to carry out the purposes of the Commission as set
forth in Ark. Code Ann. §
16-7-101 et
seq.
3. Though the Coordinator's
hiring of staff shall be with the consent of the Commission, such employees,
once approved for employment, shall be the responsibility of the Coordinator in
matters common to an employer/employee relationship and the Coordinator shall
be responsible to the Commission for the actions of employees on
staff.
C. Meeting Times
and Sites
1. The Commission shall hold
regular quarterly meetings each year on dates fixed by the Commission and such
special meetings as the Commission determines are necessary.
2. The date, time and place of each regular
meeting shall be furnished to anyone who requests the information.
3. The Commission may vary its meeting site
to accommodate its needs and accomplish its purposes.
4. The Coordinator shall prepare a proposed
agenda for each regular and special meeting, and the proposed agenda shall be
distributed to the Commission members prior to any such meeting. Any
Commissioner may add items to the agenda by notification to the Coordinator
twenty-four (24) hours before the scheduled meeting date. Any item may be added
to the agenda at any time with the unanimous consent of the members present at
the meeting.
D. Meeting
Procedure
1. All meetings of the Commission
shall be governed by Robert's Rules of Order, except as may be modified by a
majority of the Commission members and by these rules of practice and
procedure.
2. Any Commissioner who
has an actual conflict of interest in any proceeding before the Commission
shall recuse voluntarily from any involvement in the matter. If a majority of
the Commissioners determines that one of its members has such a conflict, they
may, by affirmative vote, disqualify said member from participation in the
matter.
3. All meetings of the
Commission, except as provided in subparagraph (D)(4) of this section or Ark.
Code Ann. §
25-19-106(c),
shall be open to the public.
III. GENERAL ADMINISTRATION
1. The Commission may delegate to the
Coordinator the authority to operate the Commission office, with his or her
duties enumerated by the Commission. Such duties shall include, but not be
limited to, the following:
a. Conducting
general administration of the Commission office and its staff in a
business-like and efficient manner. The Coordinator shall periodically report
to the Commission concerning the conduct and operation of the office;
b. Managing the appropriated budget of the
Commission, and ensuring that all expenditures from budgeted money are made
within the law and general purposes of the Commission. The Coordinator shall
periodically report to the Commission concerning the financial status of the
office;
c. Preparing and
maintaining files and records on the activities, matters and persons coming
under the authority and responsibility of the Commission;
d. Receiving and responding to correspondence
on behalf of the Commission on matters relating to official Commission
business;
e. Managing travel,
logistics, expenses and reimbursement for Commissioners and staff and
scheduling seminars and training by and for the Commission; and
f. Ensuring that the Commission office and
its employees comply with the law and carry out the duties as may, from time to
time, be enumerated by the Commission.
IV. MATTERS BEFORE THE COMMISSION
A. Certification Reconsideration
1. See the Requirements for the
Certification of Mediators for Circuit Courts
B. Disciplinary Hearings
1. See the Procedures for the
Discipline of Mediators
C. Grant Applications
1. The process may be varied from year to
year as needed.
2. Grant guidelines
will be available to the public along with the grant applications.
