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Effective Date: 3/1/2001

Obsolete Date: 8/1/2009

(a) Rosters of Neutrals. The State Court Administrator shall maintain and monitor a roster of neutrals for civil arbitration, civil mediation, and domestic relations/contested child proceedings mediation. 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 and a reasonable yearly renewal fee.

(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:

(1) Civil Arbitrator Roster. An arbitrator shall complete 30 hours minimum of arbitration training. The training must include the following topics:

(A) Pre-hearing communications between parties and between parties and the neutral;

(B) Components of the hearing process including evidence, presentation of the case, witnesses, exhibits, objectives, awards, and dismissals;

(C) Settlement techniques;

(D) Rules, statutes, and practices covering arbitration, including these rules.

(E) An arbitrator must also complete nine hours of continued arbitration training during each three-year period.

(2) Civil Mediator Roster. A mediator shall complete 30 hours minimum of mediation training, including a minimum of 15 hours of role-playing. The training must include the following topics:

(A) Conflict resolution and mediation theory, including causes of conflict and interest-based versus positional bargaining and models of conflict resolution;

(B) Mediation skills and techniques, including information gathering skills, communication skills, problem solving skills, interaction skills, conflict management skills, negotiation techniques, caucusing, cultural and gender issues, and power balancing;

(C) Components in the mediation process, including an introduction to the mediation process, fact gathering, interest identification, option building, problem solving, agreement building, decision making, closure, drafting agreements, and evaluation of the mediation process;

(D) Mediator conduct, including conflicts of interest, confidentiality, neutrality, ethics, standards of practice, and mediator introduction;

(E) Rules, statutes, and practices governing mediation in the trial court system, including these rules.

(F) A mediator must also complete nine hours of continuedmediation training during each three-year period.

(3) Domestic Relations Mediator/Contested Child Proceedings Mediator Roster. A domestic relations mediator or a contested child proceedings mediator under N.D.C.C. ch. 14-09.1 shall complete 40 hours minimum of domestic relations mediation training, including two hours minimum of domestic abuse training, and nine hours of continued domestic relations mediation training during each three-year period; and

(A) have a Bachelor's Degree in Behavioral Science with two years of experience in family/child intervention service; or

(B) have a Master's Degree in Behavioral Science with one year of experience in family/child intervention service; or

(C) have a license to practice law supplemented with two years ofexperience in domestic relations cases.

(4) A qualified neutral may not provide services during a period of suspensionof a professional license.

(5) If a neutral is rostered in Minnesota within 60 days of the effective date of this rule, the neutral may be placed on the appropriate North Dakota roster within one year of the effective date of this rule as long as the neutral is still in good standing with the Minnesota rostering system.

(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)(3) of this rule.

(d) Continuing Training. Training requirements may be attained through course work and attendance at state and national ADR conferences. The neutral is responsible for maintaining attendance records and shall disclose the information to program administrators and the parties to any dispute. The neutral shall submit continuing education credit information to the State Court Administrator's office every three years.

(e) Certification of Training Programs. Neutrals shall attend initial and continuing training programs that are approved by the Joint Committee on Alternative Dispute Resolution.

(f) Disclaimer. Each roster must include the following disclaimer:

The qualifications for listing a neutral on a roster are minimum 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.

Rule 8.9 was adopted, effective March 1, 2001; amended effective August 1, 2009; January 1, 2014.

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.

Subdivision (b) was amended, effective January 1, 2014, to add new paragraphs 4 and 5 on post-judgment mediator qualifications.

Subdivision (g) was added, effective August 1, 2009, to provide an enforcement procedure for the Code of Mediation Ethics attached to this rule as Appendix A.

SOURCES: Joint Procedure Committee Minutes of January 28-29, 1999, pages 7-12;May 6-7, 1999, pages 7-11.

CROSS-REFERENCE: N.D.R.Ct. 8.1 (Family Mediation Program), N.D.R.Ct. 8.8 (Alternative Dispute Resolution); N.D.R.App.P. 5(Post-Judgment Mediation).

Effective Date Obsolete Date
01/01/2014 View
08/01/2009 01/01/2014 View
03/01/2001 08/01/2009 View