Rule 3.4 ALTERNATIVE DISPUTE RESOLUTION
(a) Notice of Alternative Dispute Resolution Processes. After the complaint and answer are filed, the court of court shall provide the attorneys of record and any unrepresented parties with information about available alternative dispute resolution processes and the availability of a list of neutrals who provide alternative dispute resolution services.
(b) Rosters of Neutrals. The State Court Administrator shall maintain and monitor one roster of neutrals for civil matters and one roster for family law matters. Each roster must be updated and published on an annual basis and must be available for inspection by counsel and parties in the clerk of the district court's office. The State Court Administrator may not place on, and shall delete from, the rosters the name of any applicant or neutral whose professional license has been revoked. A qualified neutral may not provide services during a period of suspension of a professional license. The State Court Administrator shall review applications from those who wish to be listed on either roster of qualified neutrals and shall include those who meet the established training requirements. The State Court Administrator may establish reasonable fees for qualified individuals and entities to be placed on either roster.
(1) Civil Neutral Roster. The civil neutral roster must include two separate parts: one for mediators and facilitators; a second for arbitrators, adjudicators, and evaluators.
(2) Family Law Neutral Roster. The family law neutral roster must include three separate parts: one for mediators, facilitators, and providers of hybrid processes; a second for arbitrators and adjudicators; and a third for evaluators.
(c) Training, Standards, and Qualifications for Neutral Rosters.
(1) Civil Mediator Neutral Roster. A neutral providing civil non-family mediation and facilitation shall have a minimum of 30 hours classroom training, with an emphasis on experiential learning.
(2) Civil Arbitrator Neutral Roster. A neutral providing arbitration, adjudication, or evaluation shall have a minimum of 6 hours of classroom training.
(3) Family Law Mediator Neutral Roster. A neutral providing family law mediation or facilitation shall complete or teach a minimum of 40 hours of family mediation training, including 6 hours of training in domestic abuse issues.
(4) Family Law Arbitrator Neutral Roster. A neutral providing family law adjudication, shall have at least five years of professional experience in the area of family law and be recognized as a qualified practitioner in their field. Recognition may be demonstrated by submitting proof of professional licensure, professional certification, faculty membership of approved continuing education courses for family law, service as a court-appointed adjudicative neutral, including as a consensual special magistrate, service as a referee or guardian ad litem, or acceptance by peers as an expert in their field. A neutral applying to the adjudicative neutral roster shall also complete or teach a minimum of 6 hours of training and an additional 6 hours of training in domestic abuse issues.
(5) Family Law Evaluator Neutral Roster. A neutral providing an early neutral evaluation or a non-binding advisory opinion shall have at least five years of experience as a family law attorney, as an accountant dealing with divorce-related matters, as a custody and visitation psychologist, or as a professional working in the area of family law who is recognized as a qualified practitioner in their field, and shall complete or teach a minimum of 2 hours of training on management of presentations made during evaluative processes. A family law evaluator shall have knowledge on all issues in which they render opinions. In addition to the 2 hours of training required above, a family law evaluator shall complete or teach a minimum of 6 hours of training in domestic abuse issues.
(6) Certification. A neutral shall certify on the roster application that they have not had a professional licence revoked, been refused membership or practice rights in a profession, or been involuntarily banned, dropped or expelled from any profession.
(7) Exceptions of Roster Requirements. A neutral selected by the parties for their expertise need not undergo training nor be included on the neutral roster.
Rule 3.4 was adopted, effective ______________________.
SOURCES: Joint Procedure Committee Minutes of ___________________.