Section 1. Authority.
(a) Pursuant to Article VI, Section 3 of the North Dakota Constitution, the North Dakota Supreme Court has authority to promulgate rules of procedures to be followed by all courts of this state. Additionally, the 1987 Legislative Assembly placed with the Supreme Court the specific authority to develop qualifications for court-appointed mediators (Section 14-09.1-04, NDCC).
(b) This Rule shall apply only to mediators appointed pursuant to Section 14-09.1-03, NDCC.
Section 2. List of Qualified Mediators.
The list of qualified mediators shall be maintained by the presiding judge of each judicial district.In order to be included on the list, the mediator must make application to the presiding judge of the judicial district in which the mediation is to occur. The mediator may not advertise that he or she has been certified or qualified by the district court or the supreme court.
Section 3. Qualifications.
The mediator shall be of good moral character and have a minimum of forty hours training in family mediation. The training must be certified by a national organization which certifies training in alternative dispute resolution. That organization must have been in existence at least three years.
The mediator must also have:
(a) A Bachelor's Degree in Behavioral Science with two-years experience in family/child intervention service; or
(b) A Master's Degree in Behavioral Science with one-year experience in family/child intervention service; or
(c) A license to practice law supplemented with two-years experience in domestic relations cases; or
(d) Certification as a mediator by a national organization that certifies members in alternative dispute practices. That organization must have been in existence for at least three years.
Section 4. Effective Date.
The effective date of this Rule is January 1, 1989.
Dated this 22nd day of November, 1988.
Ralph J. Erickstad, Chief Justice
Gerald W. VandeWalle, Justice
Herbert L. Meschke, Justice
Beryl J. Levine, Justice