M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Qualifications for ADR Providers
This memo contains synopses of provisions from other jurisdictions governing the qualifications of ADR providers. Many jurisdictions provide rosters of ADR providers. However, the parties are still generally allowed to select someone who is not listed on a roster.
Jurisdictions vary greatly as to the qualifications an applicant must have for listing on a roster. Jurisdictions also vary as to who is responsible for the roster and approving or certifying the training. Finally, of interest, some jurisdictions include a disclaimer with their roster indicating the roster does not guarantee a degree of skill or competency.
Alabama: All court-appointed mediators must be registered on the State Court Mediator Roster maintained by the Alabama Center for Dispute Resolution.
* A mediator must be an attorney with four years experience in the practice of law and complete a 20-hour mediation training program approved by the Alabama Center for Dispute Resolution.
*A domestic relations mediator must complete a 40-hour mediation course on domestic relations issues which has been certified by the Academy of Family Mediators or other course approved by the Alabama Center for Dispute Resolution.
The standards contain a disclaimer.
Florida: In order to receive referrals directly from the courts, a mediator must be certified by the Florida Supreme Court.
*A circuit court mediator must be an attorney with five years experience and complete 40 hours in a circuit court mediation training program certified by the supreme court.
*A family mediator must complete a minimum of 40 hours in a family mediation training program certified by the supreme court.
*An arbitrator must be an attorney and complete 4 hours of training in a program approved by the Supreme Court of Florida.
Idaho: The Administrative Director of the Courts maintains an approved list of mediators.
*A mediator of civil lawsuits must be an attorney with five years experience and complete 40 hours of mediation training. Twenty hours of additional training must be completed every two years. The roster contains information about the mediator.
*A child custody and visitation dispute mediator must have membership in the Academy of Family Mediators or other equivalent national organization; or if an attorney or other professional, have 20 hours of training in child custody mediation; or, have a bachelor's degree and 60 hours of mediation training, 20 of which must be in the field of child custody mediation. In addition, a mediator must complete a minimum of 20 hours of additional training every two years.
Idaho U.S. District Court: The court maintains a roster of mediators. To be listed, an applicant must be an attorney with five years experience and complete a minimum of 40 hours of core mediator knowledge and skills training. To remain on the list, a mediator must complete 20 hours of additional training every two years.
Indiana:
*A registered civil mediator must be an attorney and complete 40 hours of Commission certified civil mediation training. A registered civil mediator must complete 6 hours of advanced civil mediation training every two years.
*A registered domestic relations mediator must have completed 40 hours of Commission certified domestic relations mediation training; and in addition, 6 hours of advanced domestic relations mediation training every two years. The course sponsor must forward a list of attendees to the Commission.
Kansas: The director of dispute resolution keeps a list of approved mediators, trainers, and training.
*All approved mediators must participate in core mediation training of 16 hours, and co-mediate with an approved mediator for three cases or 15 hours during the first year after completing core training.
*A civil mediator must have an additional 14 hours of mediation skill training and 10 hours of training related to the subject being mediated or the civil litigation system.
*A domestic dispute mediator must have an additional 14 hours of mediation skill training and 10 hours of domestic dispute training.
Louisiana: In the Parish of Orleans, the Alternative Dispute Resolution Task Force is responsible for an approved list of mediators. To be listed, a person must have completed an approved mediator training and certification course of at least 32 hours.
Minnesota: The State Court Administrator maintains rosters of neutrals.
*The civil facilitative/hybrid neutral roster requires 30 hours of classroom training.
*The civil adjudicative/evaluative neutral roster requires 6 hours of classroom training.
*The family law facilitative neutral roster requires 40 hours of family mediation training which is certified by the Minnesota Supreme Court, and 6 hours of certified training in domestic abuse issues.
*The family law adjudicative neutral roster requires 5 years of professional experience in family law and 12 hours of certified training including 6 hours of training in domestic abuse issues.
*The family law evaluative neutrals roster requires 5 years experience as a professional working in the area of family law and 2 hours of certified training on management of presentations made during evaluative processes. In addition, 6 hours of certified training in domestic abuse issues is required.
The rosters contain a disclaimer.
Mississippi:
*A mediator must complete a training and certification course of at least 13 hours credit sponsored by the Mississippi Bar, the American Arbitration Association, or other provider certified by the Mississippi Bar.
Missouri U.S. District Court: The administrator is required to maintain a list of neutrals.
*Mediators and evaluators must complete 16 Continuing Legal Education hours of certified training.
*Arbitrators must complete 4 Continuing Legal Education hours of certified training.
The rule contains a disclaimer.
New York U.S. District Court: The clerk is required to maintain a roster of arbitrators. An applicant must be an attorney, admitted to practice for not less than 5 years, and have devoted 50% or more of the attorney's professional time to matters involving litigation; or have substantial experience as a neutral.
North Carolina: The court maintains a list of qualified arbitrators.
*An arbitrator must be a member of the North Carolina State Bar and have been licensed to practice law for 5 years. An arbitrator must also have completed an approved arbitrator training course.
Ohio: To be eligible for court referrals, a domestic relations mediator must have completed 12 hours of basic mediation training, and 40 hours of specialized family or divorce mediation training in a program approved by the Supreme Court Commission on Continuing Legal Education.
Oregon:
*A mediator on a court panel must have 30 hours of mediation curriculum, 6 hours of training in knowledge of the court system, and observe or participate in at least 3 mediation cases.
*A court connected domestic relations mediator must have 30 hours of mediation curriculum, 24 hours of domestic relations mediation curriculum, 20 hours training in property division, spousal support and child support if mediating a financial decision, 20 supervised domestic relations mediations, and at least 12 hours per year of continuing education.
Virginia: Virginia maintains a list of court certified mediators.
*A general mediator must have 20 hours of training in basic mediation skills, 4 hours of additional training in Virginia's judicial system, 2 observations or role plays, and supervised co-mediation of 3 cases.
*A family mediator must have 40 hours of mediation training, 4 additional hours of training in domestic violence, 2 observations or role plays, and supervised co-mediation of 5 domestic relations cases.
Recertification is required every 2 years.
*A general mediator must complete 5 cases or 15 hours of mediation during the period of certification, and 8 hours of mediation training including 2 hours of ethics.
*A family mediator must complete 8 cases or 24 hours of mediation during the period of certification, and 16 hours of mediation training including 8 hours in the family area and 2 hours of ethics.
West Virginia: The West Virginia State Bar maintains a mediation referral service. Members of the referral service must have participated in one State Bar sponsored mediation training session or its equivalent.