RULE 8.8 ROSTER OF ALTERNATIVE DISPUTE
(a) Rosters of Neutrals. The State Court Administrator shall maintain and monitor a roster of neutrals for civil arbitration, civil mediation, domestic relations mediation, and contested child proceedings mediation under N.D.C.C. ch. 14-09.1. Each roster must include the neutral's name, address, and credentials. Each roster must be updated and published on an annual basis and be available for inspection in the clerk of the district court's office. The State Court Administrator may establish a reasonable fee for placement on the roster.
(b) Qualifications. To be listed on a roster, a neutral shall provide the State Court Administrator with written credentials indicating the neutral meets the following requirements, if any, for listing:
(1) Civil Arbitrator Roster. An arbitrator need only provide in writing the arbitrator's qualifications.
(2) Civil Mediator Roster. A mediator shall complete 6 hours minimum of classroom mediation training.
(3) Domestic Relations Mediator Roster. A domestic relations mediator shall complete 40 hours minimum of domestic relations mediation training, including 6 hours minimum of domestic violence training.
(4) Contested Child Proceedings Mediator. A domestic relations mediator under N.D.C.C. ch. 14-09.1 shall:
(A) complete 40 hours minimum of domestic relations mediation training, including 6 hours minimum of domestic violence training; and
(B) have a Bachelor's Degree in Behavioral Science with two-years experience in family/child intervention service; or
(C) have a Master's Degree in Behavioral Science with one-years experience in family/child intervention service; or
(D) have a license to practice law supplemented with two-years experience in domestic relations cases; or
(E) have certification as a mediator by a national organization that certifies members in alternative dispute practices.
(c) Selection of Neutral. The parties may select a neutral who is not listed on the State Court Administrator's roster. A court-appointed contested child proceedings mediator under N.D.C.C. § 14-09.1-03 must have the qualifications specified in subdivision (b)(4) of this rule.
(d) Disclaimer. Other than the roster of neutrals for contested child proceedings mediators under N.D.C.C. ch. 14-09.1 each roster must include a disclaimer.
Rule 8.8 was adopted, effective _______________________________________.
A neutral is an individual or an organization offering an alternative dispute resolution process.
Arbitration is the process through which each party presents its case before a neutral third party who renders a binding or non-binding decision.
Mediation is an informal, non-adversarial process through which a neutral third party facilitates communication between the parties to promote settlement. Decision-making authority remains with the parties; the mediator has no authority to render a judgment on any issue of the dispute.
The qualifications in the rule for listing a neutral on a roster are minimal standards, and the State Court Administrator's listing of a neutral does not imply the neutral has the requisite degree of skill or competency for a particular case. When choosing a neutral, the parties must make further inquiry about the qualifications and experience of the neutral. The rosters are intended to assist people in locating an appropriate neutral by serving as a starting point.
SOURCES: Joint Procedure Committee Minutes of ______________________.