N.D. Sup. Ct. Admin. R. 43
Appendix approved effective March 6, 2003
Guidelines for approving training programs
and continuing education coursework for ADR neutrals
Section 1. Course Approval Standards
The North Dakota Joint Alternative Dispute Resolution Committee is authorized to approve initial training programs and continuing education coursework for ADR neutrals. The Committee will apply the following standards in approving courses:
Standard 1. Initial training programs for civil arbitrators.
Initial training programs for civil arbitrators must relate primarily to civil arbitration, and must include training in the topics listed in N.D.R.Ct. 8.9(b)(1)(A-D).
Standard 2. Initial training programs for civil mediators.
Initial training programs for civil mediators must relate primarily to the practice of civil mediation. The training must comply with N.D.R.Ct. 8.9(b)(2). If offered for certification for domestic relations mediation, the training program for civil mediators must also include domestic abuse training.
Standard 3. Continuing education coursework for ADR neutrals.
Continuing education coursework for ADR neutrals must relate primarily to one or more aspects of conflict resolution, including one or more of the topics listed in N.D.R.Ct. 8.9(b)(1) and (b)(2). Continuing education courses must presuppose that the participants either have taken initial training as described above or have a substantial degree of exposure to and familiarity with the ADR topic under discussion.
Standard 4. Faculty
Each faculty member for initial training programs and continuing education coursework for ADR neutrals must be qualified by practical or academic experience to teach the subject covered.
Standard 5. Course materials
Course materials must be provided at the time of presentation which cover the subject matter accurately and in a well organized manner.
Standard 6. Presumptive approval
A course is presumptively approved for credit if it meets one of the following requirements:
(A) It has been approved as an initial training program or continuing education program for ADR neutrals by a state bar association, by the American Bar Association, by the American Arbitration Association, by an accredited law school, by the American Law Institute or by the Practicing Law Institute;
(B) It is sponsored by an organization which has been accredited as a sponsor of approved training and continuing education coursework for ADR neutrals by the Committee.
Section 2. Course Approval Procedure
Initial training programs and continuing education coursework that qualifies under standards 1 through 6 will be approved. For programs that do not qualify under standards 1 through 6, an individual- reporting ADR neutral or the sponsoring organization must seek Committee approval of the coursework. The request must be on forms provided by the Committee.
The Committee shall approve or deny requests for approval of coursework as eligible for credit under Rule 8.9 N.D.R.Ct. within 120 days of the receipt of the written request. Failure of the Committee to act within 120 days shall result in the approval of the course.
Any person aggrieved by a Committee decision to disapprove coursework for credit may request reconsideration and may submit additional material supporting the request.
Section 3. Computation of Credits
The Committee retains the right to approve fewer credit hours than requested or approved by some other ADR neutral training accrediting body.
Credits will be awarded on the basis of one hour for each sixty minutes actually spent in the attendance at a course which meets the standards of Section 1 of these guidelines. Credit hours will be rounded to the nearest quarter hour. Coffee breaks, introductory remarks, keynote speeches, and business meetings will not be allowed credit.
Section 4. Accreditation of Sponsors
An organization or person desiring accreditation as a sponsor of courses, programs, or other ADR neutral education activities may apply for accreditation to the Committee, stating its ADR education history for the preceding calendar year, including approximate dates, subjects offered, total hours of instructions presented, and the names and qualifications of speakers. The Committee may at any time re-evaluate an accredited sponsor.