National Association of State CourtsAlabama 1-334-269-0409
Supreme Court Mediator ApplicationNo state requirements for the practice of mediation. Parties or judges
may select any mediator.
The Alabama Center for Dispute Resolution maintains the State Court
Mediator Roster for public information about mediators who meet their
qualifications.
Qualifications for general roster: 1) good character; 2) licensed
attorney (any state) and 4 years practice of law, or have served
professionally as the mediator in 10 cases in preceding 2 years; 3) 20
hours of approved mediation training; 4) subscribe to Code of Ethics and
rules; and 5) provide 10 hours annual pro bono upon request.
Qualifications to be registered as a domestics relations mediator: 1)
good character; 2) licensed attorney (any state) and 4 years of practice
of law; or licensed physician in good standing by the state, and be
certified in the practice of adult or child psychiatry; or licensed
Certified Public Accountant by the state and in good standing, with 4
years' practice of accountancy; or be engaged in a practice for 4 years
in social work, mental health or behavioral sciences, with a bachelor's
or advanced degree in one or more of these fields; or have served
professionally as the mediator in at least 10 mediations, at least 5 of
which are domestic relations disputes, within the 2 years immediately
preceding submission of an application for registration; 3) approved 40
hour mediation course on domestic relations; 4) subscribe to Code of
Ethics and rules; and 5) provide 10 hours annual pro bono upon request.
Sources: Judith Keegan, Director, Center for ADR; www.alabar.org/Adr
Alaska
Bar Association on MediationMediator GuideAdditional Information
Alaska
No state requirements or guidelines for the practice of mediation.
The Alaska Judicial Council published A Consumer Guide to Selecting a
Mediator which suggests that consumers examine a mediator's training,
experience, and written work as they relate to a particular dispute, but
does not give guidelines for qualifications. (The Court Rules Attorney
discontinued publishing a Directory of Mediators in 1999.)
Source:
Arizona
No state requirements or guidelines for the practice of mediation.
Each county court has its own set of requirements for mediators. All
require at least 40 hours of basic mediation training, plus additional
training in family law for those who mediate family cases.
Sources: Joan Tobin, Arizona DR Association; Karen Kretschman, Family
Law Unit Attorney, Arizona Supreme Court
Arkansas
No state requirements for the practice of mediation. The Arkansas ADR
Commission established three categories of guidelines dealing with
mediator skills and qualifications: 1) general guidelines for the public
to use in selecting a mediator; 2) standards and procedures for being
placed on the voluntary Roster of Mediators maintained by the
Commission; and 3) standards that may be used by the courts in
establishing court-annexed mediation systems or selecting court-referred
mediators. Courts are not required to follow the ADR Commission's
guidelines or to use mediators from the Roster.
Requirements for inclusion on the voluntary Roster of Mediators: 1)
bachelor's degree; 2) 40 hours approved mediation training; 3) 2
mediations observed, co-mediated, or mediated; 4) good moral character;
and 5) accept and follow Guidelines for Conduct of Mediation and
Mediators.
Guideline qualifications for family mediators: 1) 40 hours approved
family mediation training or 40 hours general mediation training plus 20
hours family or parenting mediation; 2) bachelor's degree and 2 years'
experience in family and marriage issues; or master's degree in social
work, mental health, behavioral social science; or be an attorney; 3) 2
family mediations observed, co-mediated, or mediated; 4) good moral
character; and 5) accept and follow Guidelines for Conduct of Mediation
and Mediators.
Guideline qualifications for Small Claims Courts: 1) 16 hours approved
small claims court training; 2) good moral character; and 3) accept and
follow Guidelines for Conduct of Mediation and Mediators.
Guideline qualifications for Circuit or Chancery Courts for other than
family matters: 1) 40 hours of approved training; 2) member in good
standing of AR bar or have master's degree; 3) 2 mediations observed,
co-mediated, or mediated in circuit or chancery courts; 4) good moral
character; and 5) accept and follow Guidelines for Conduct of Mediation
and Mediators.
Sources: Jennifer Jones Taylor, Coordinator, ADR Commission;
http://courts.state.ar.us/courts/adr.html#Boards
California
No state requirements or guidelines except for child custody mediation
through the courts.
Qualifications for child custody mediators in court cases: 1) master's
degree in counseling, social work, or related field, or have experience
above the minimum in these fields; 2) 2 years experience in mental
health arena or education or training above master's degree; 3) 16
annual hours of continuing education. Individual courts may establish
additional requirements.
Sources: Heather Anderson, Judicial Council, Administrative Office of
the Courts; Albert Balingit, Director of the Department of Consumer
Affairs, DR Office; what happens
Colorado
No state requirements for the practice of mediation. Parties may choose
any mediator.
There are guidelines endorsed by the Colorado Bar Association (CBA) and
the Colorado Council of Mediators and Mediator Organizations (CCMO) on
mediator training and education. Additionally, there are voluntary
Colorado Standards of Conduct for Mediators endorsed by the Office of
Dispute Resolution, Colorado Judicial Institute, CBA, ADR Forum
Committee, and the Attorney Generals Office, Department of Law.
The Office of Dispute Resolution does not maintain a roster. However,
the ODR contracts with mediators in each district to provide services.
The following are recommended qualifications for mediators who contract
with the Office of Dispute Resolution: 1) 40 hours of mediation
training; 2) mediated 20 cases, preferably solo cases in courts in
substantive area of practice; 3) substantive knowledge of law; 4)
familiarity with court system; 5) non-directive mediation style; 6) meet
the needs of the program; 7) acceptable to court and local attorneys;
8) willing to assist with local development of ADR programs; 9) fit with
local team; 10) reside near local program and have minimal scheduling
conflicts. In addition, mediators who are offered a contract with ODR
may be required, at their own expense, to complete an internship
including peer review observation and co-mediation.
Sources: Cynthia Savage, Director, ODR, Colorado Judicial Branch;
Charmaine Yorty, Office of the State Court Administrator. (look under
State Court Administrator, Court Services, and then ADR.)
Connecticut
No state requirements or guidelines for the practice of mediation.
Each civil clerk's office and court information desk maintains a public
listing of private ADR providers but does not make referrals.
Court annexed mediation uses primarily retired judges as mediators.
Mediation training is not required; however, the Superior Court
publishes a list of Superior Court Senior Judges and Judge Trial
Referees who have attended mediation training sessions.
Sources: Kim Sullivan, Court Planner, State Judicial Branch;
Delaware
No state requirements or guidelines for the practice of mediation.
Parties may choose any mediator.
The Delaware Superior Court maintains a Roster of Neutrals for court
referrals. The roster requires "new attorneys or other qualified
professionals" to take 25 hours of training in conflict resolution
techniques approved by the President Judge of the Superior Court.
Mediators are asked to complete 5 pro bono mediations to complete their
training and to assist the court.
Cases which are assessed by the parties as having a value less than
$100,000 must seek mandatory arbitration, which may be binding or
non-binding. Parties are encouraged to participate in the court's
mediation program.
Sources: Mark Vavala, Commissioner, Superior Court; adr3
District of Columbia
No state requirements or guidelines for mediation in a private setting.
Mediators in the courts must be staff or volunteers of the Superior
Court Multi-Door Dispute Resolution Division's Mediation Program. (In
addition to mediation of court cases, the Multi-Door DR Program also
offers pre-filing conciliation, mediation, and referral services.)
Qualifications for small claims mediators: 1) successfully undergo a
selection orientation to assess each candidate's communication style; 2)
complete 40 hours of approved training; 3) co-mediate with several
mentors until approved as a probationary mediator; 4) perform agreed
number of hours of mediation through the program; and 5) undergo
performance evaluations.
Qualifications for family mediators: 1) successfully undergo a selection
orientation to assess each candidate's communication style; 2) complete
55 hours of approved training; 3) co-mediate with several mentors until
approved as a probationary mediator; 4) perform agreed number of hours
of mediation through the program; and 5) undergo performance
evaluations.
Qualifications for civil court mediators: 1) licensed attorney; 2)
active or inactive member of the bar of any U.S. jurisdiction; 3) 27
hours of approved training; 4) 6 hours of pro bono mediation; 5) mediate
approximately 17 cases during a 12 month period; 6) participate as
required by the program in performance assessment and inservice
training.
Sources: http://www.dcbar.org/dcsc/faqs.html; Wallace Meissner, Trainer,
DC Multi-Door Court Annexed Mediation Program
Florida
No state requirements for the practice of mediation. Parties may choose
any mediator, subject to the approval of the judge.
The State Supreme Court maintains a list of certified mediators.
Mediators must be on the list to receive court referrals. All certified
mediators must be of good moral character. Additional qualifications are
summarized below.
Qualifications for county court mediators: 1) observe 4 county court
mediation conferences conducted by certified mediator; 2) conduct 4
conferences supervised by certified mediator; and 3) 20 hours of
certified mediation training.
Qualifications for family mediation mediators: 1) master's in social
work, mental health, or behavioral or social sciences, or physician
certified in psychiatry, or licensed attorney or CPA from any U.S.
jurisdiction, and have 4 years' experience in field; or have 8 years'
family mediation experience with a minimum of 10 mediation's per year; 3)
observe 2 family mediation's conducted by certified family mediator; 4)
conduct 2 family mediation's supervised by certified family mediator; and
5) have 40 hours of certified training.
Qualifications for circuit court mediators for other than family
matters: 1) member in good standing of Florida Bar with 5 years of
Florida practice and be an active member of the Florida Bar within 1
year of application, or retired trial judge from any U. S. jurisdiction
who was a member of state bar for preceding 5 years; 2) observe 2
circuit mediation's conducted by circuit certified mediator; 3) conduct 2
circuit court mediation's supervised and observed by certified circuit
court mediator; and 4) 40 hours of certified training.
Qualifications for dependency mediators: 1) master's in social work,
mental health, or behavioral or social sciences, or physician licensed
for psychiatry or pediatrics, or licensed attorney from any U.S.
jurisdiction; 2) observe 4 dependency mediation's conducted by certified
dependency mediator; 3) conduct 2 dependency mediation's supervised by
certified mediator; and 4) 20 hours of certified training if a certified
family mediator who has mediated 4 dependency cases, otherwise 40
hours.
Sources:
Georgia
No state requirements for the practice of mediation when a court case
has not been filed. However, all neutrals working on court cases must be
registered with the Georgia Office of Dispute Resolution.
The ODR maintains a list of registered mediators but does not make
referrals. Courts are free to impose higher qualifications for neutrals
who serve in their programs than the threshold requirements for
registration with the ODR.
Overall guidelines are: mediators should be drawn from a variety of
disciplines and should reflect the racial, ethnic and cultural diversity
of our society. Prospective mediators should be screened carefully for
qualities such as the ability to listen actively, to isolate issues, and
to focus discussion on issues.
General mediator qualifications for ODR registration are: 1) observation
of or co-mediation with a veteran mediator in at least 5 mediation's; 2)
one letter of recommendation from a court ADR program, other approved
ADR provider, or a superior or state court judge, or 3 letters of
recommendation from clients, attorneys of clients, court personnel, or
registered neutrals who have observed the applicant's performance as a
neutral; and 3) 20 hours of training.
Qualifications for divorce and custody case referrals : 1) satisfy the
requirements for general mediators; 2) bachelor's degree from accredited
4-year college; 2) observe one mediation and co-mediate 2
divorce/custody cases with veteran mediator; and 3) 40 hours of domestic
relations training including training on domestic violence.
Sources: Leila Taaffe, Georgia Office of Dispute Resolution;
http://www.ganet.org/gadr/; Tracy B. Johnson, 6th District ADR Program;
Hawaii
No state requirements for the practice of mediation.
The Center for Alternative Dispute Resolution, The Judiciary, Hawaii,
published voluntary Standards for Private and Public Mediators in the
State of Hawaii, which were endorsed by the Supreme Court. The standards
call for mediators to 1) have substantive knowledge and procedural
training, including professional ethics, standards, and
responsibilities; and 2) acquire continuing education.
Source:
Idaho
No state requirements for the practice of mediation. Parties may select
any mediator.
The Supreme Court Administration Director of Courts maintains two
rosters of mediators, a Civil Case Mediator Roster and a Child Custody
Mediator Roster.
Qualifications for the Civil Case Mediator Roster are: 1) Member of
Idaho State Bar; 2) has been admitted to practice law for not less than 5
years and has attended a minimum of 40 hours of approved training.
Additionally, 20 hours of approved continuing education every 2 years to
remain on the roster.
Qualifications for the Child Custody Mediator Roster are any one of the
following professional credentials: 1) Membership in the Academy of
Family Mediators at the practitioner level, or other national
organizations with equivalent standards for membership; or 2) member of
the Idaho Judiciary, licensed member of the Idaho State Bar Association,
licensed psychologist, licensed counselor, certified social worker,
certified school counselor, or certified school psychologist who, in
addition to such membership, has attended a minimum of 40 hours of
mediation training, 20 of which must be in the field of child custody
mediation; or 3) bachelor's degree with a minimum of 60 hours of
mediation training, 20 of which must be in the field of child custody
mediation. (Training must include specified components.) In addition,
mediators must complete 20 hours of continuing education every 2 years.
In addition, a private or public dispute resolution organization may
make its roster of mediators available to the Administrative Director of
the Courts for distribution if it has an established selection and
evaluation process, a mechanism for addressing complaints brought
against neutrals, and a published code of ethics. The Idaho Mediation
Association (IMA) has made its list of Certified Professional Mediators
available, and the list is distributed by the Administrative Director of
the Courts.
IMA requirements for certification are: 1) current and continuing
membership in the Idaho Mediation Association (IMA); 2) 40 hours of core
mediator skills and knowledge training; 3) 20 hours of mediation case
practice; 4) 60 hours of additional mediation-related experience or
study; 5) a letter of recommendation for professional certification by
an IMA certified professional mediator or the professional equivalent;
and 6) 20 hours of continuing education every 2 years.
Sources: Valerie Reynolds, Idaho Supreme Court;
http://idahomediation.org/;
http://www2.state.id.us/judicial/rosters.html;
http://www2.state.id.us/judicial/rules/ircp16j.rul;
http://www2.state.id.us/judicial/rules/ircp16k.rul
Illinois
No state requirements or guidelines for the practice of mediation.
The use of ADR in the Illinois court system is decided on a
circuit-by-circuit basis. Most circuits have mediation programs which
may include civil litigation, probate, domestic relations, and community
programs. The qualifications for mediators vary among circuits.
Sources:
Indiana
No state requirements for the practice of mediation. Parties may choose
any mediator with the approval of the court.
The Indiana Supreme Court Commission for Continuing Legal Education
maintains the Registry of Qualified Mediators for court practice.
Qualifications for mediator registration in civil cases are: 1) be an
attorney in good standing with the Indiana Supreme Court; 2) 40 hours of
approved training; 3) 6 hours continuing education every 2 years; and
4) conform to ethical requirements established by ADR Rule 7.
Qualifications for registration in domestic cases are: 1) bachelor's
degree from an accredited university; 2) 40 hours of approved training;
3) 6 hours of continuing education every 2 years; and 4) conform to
ethical requirements established by ADR Rule 7.
Sources: Julia Orzeske, Director and Anne Davidson, Indiana Continuing
Legal Education; http://www.spea.indiana.edu/icri/indy_adr.htm
Iowa
No state requirements or guidelines for the practice of mediation.
Two of the eight judicial districts in the state have ADR programs.
Mediators must meet the ethical standards set by the Academy of Family
Mediators and must receive 40 hours of divorce mediation training.
Source: Rebecca Colton, Executive Assistant to the Chief Justice (ADR
Grant Fund), Supreme Court of Iowa
Kansas
No state requirements for the practice of mediation. Parties and/or
attorneys may choose any mediator.
The Kansas Judicial Branch Dispute Resolution Coordinator maintains a
list of approved mediators for court referrals and referrals by state
government.
General qualifications for listing are: 1) complete 16 hours of core
mediation training plus additional hours for the types of cases the
applicant wishes to receive approval to mediate; 2) sign an agreement to
follow the ethical standards of Supreme Court Rule 903; 3) co-mediate
with or be supervised by approved mediator for 3 cases or 15 hours
during the first year following core training; 4) 6 hours annual
continuing education.
Qualifications to mediate domestic disputes: 1) satisfy general
qualifications: 2) 14 hours of mediation skill training; and 3) 10 hours
of subject matter training.
Qualifications to mediate parent/adolescent disputes: 1) satisfy general
qualifications: 2) 14 hours of mediation skill training; and 3) 10
hours of subject matter training.
Qualifications to mediate general civil cases of a non-domestic nature:
1) satisfy general qualifications: 2) 14 hours of mediation skill
training; and 3) 10 hours of training related to the subject being
mediated or the civil litigation system.
Sources: http://www.kscourts.org/adr/;
http://www.kscourts.org/ctruls/adrruls.html
Kentucky
No state requirements or guidelines for the practice of mediation.
Parties may select any mediator.
The Administrative Office of the Courts is beginning to develop
standards which they hope will be adopted by the Supreme Court or the
state legislature.
Sources: Melinda Wheeler, Administrative Office of the Courts; Carol
Paisley, Director of Mediation Center of Kentucky.
Louisiana
No state requirements for the practice of mediation.
The ADR Section of the Louisiana Bar Association maintains a register of
persons qualified as mediators pursuant to La. R.S. 9:4106 (civil
cases) and La. R.S. 9:334 (child custody/ visitation). Parties,
attorneys, and judges are encouraged to select a mediator from the
register but are not required to do sO.
Qualifications for inclusion on the register for civil cases are: 1) be
licensed for the practice of law in any state for 5 years and have
completed 40 hours of approved training; or have mediated more than 25
disputes or have engaged in more than 500 hours of dispute resolution
and have completed 40 hours of approved training; or have served as a
Louisiana district, appellate, or supreme court judge for 10 years but
be no longer serving as a judge; and 2) 10 hours of continuing education
every 2 years; and 3) accept 2 annual pro bono appointments.
To serve as a qualified mediator in child custody/visitation cases, a
person must:
1) have served as a Louisiana district, appellate, or supreme court
judge for at least ten years, have completed at least twenty hours of
specialized mediation training in child custody disputes, and no longer
be serving as a judge; or possess a college degree and complete a
minimum of forty hours of general mediation training and twenty hours of
specialized training in the mediation of child custody disputes; or
hold a license or certification as an attorney, psychiatrist,
psychologist, social worker, marriage and family counselor, professional
counselor, or clergyman and complete a minimum of sixteen hours of
general mediation training and twenty hours of specialized training in
the mediation of child custody disputes; and complete a minimum of eight
hours of co-mediation training under the direct supervision of a
qualified mediator who has served a minimum of fifty hours as a dispute
mediator. (The co-mediation training requirement is waived for mediators
who met the requirements in (1) as of August 15, 1997 and who have
served a minimum of 50 hours as a child custody dispute mediator.); and
2) complete a minimum of twenty hours of clinical education in dispute
mediation every two calendar years.
To serve as a qualified mediator in a juvenile court dispute pursuant to
La. Children's Code art. 439, a person must: 1) possess a college
degree and complete a minimum of forty hours of general mediation
training and twenty hours of specialized training in the mediation of
juvenile court disputes; or hold a license or certification as an
attorney, psychiatrist, psychologist, social worker, marriage and family
counselor, or professional counselor or clergyman and complete a
minimum of sixteen hours of general mediation training and twenty hours
of specialized training in the mediation of juvenile court disputes and;
2) complete a minimum of eight hours of co-mediation training under a
course that has been approved by the Louisiana State Bar Association,
Alternative Dispute Resolution Section, or under the direct supervision
of a mediator who has served as a dispute mediator for a minimum of
fifty hours. (The co-mediation training requirement is waived for
mediators who met the requirements in (1) as of August 15, 1999.) (La.
Ch. C. art. 439) and; 3) complete a minimum of twenty hours of clinical
education in dispute mediation every two years.
Source: Tracy A. Buccino, Research Attorney, Judicial Administrator's
Office, Louisiana Supreme Court.
www.legis.state.la.us/tsrs/RS/9/RS_9_4106.html
Maine
No state requirements for the practice of mediation.
The Court Alternative Dispute Resolution Service (CADRES) of the Maine
Judicial Branch maintains Mediation Rosters. Court referrals must be
made from the appropriate roster. (The CADRES Director may waive
qualification criteria for a particular applicant.)
Qualifications for General Civil Litigation Roster: 1) have a
combination of 100 hours of training and experience including a minimum
of 40 hours mediation process training (15 hours within 2 yrs of
application), 20 hours experience as mediator or co-mediator with a
CADRES mediator, and 10 hours training in civil law and court procedure;
and 2) 15 hours annual continuing education in specified areas.
Qualifications for Superior Court Roster: 1) be on the CADRES General
Civil Litigation Roster, or have a combination of 100 hours of training
and experience including a minimum of 40 hours mediation process
training (15 hours within 2 yrs of application), 20 hours experience as
mediator or co-mediator with a CADRES mediator, and 10 hours training in
civil law and court procedure; and have the ability to conduct
mediation, and receive a satisfactory criminal background check; and 2)
complete a half-day orientation and training program on the Superior
Court ADR Program; and 3) 15 hours annual continuing education in
specified areas.
Qualifications for the Small Claims Roster: 1) combination of 50 hours
training and experience including a minimum of 20 hours mediation
process training (8 hours within 2 yrs of application), 15 hours
experience as mediator, facilitator of multi-party contested issues, or
co-mediator with a CADRES mediator, and 3 hours training or experience
in consumer or debtor/creditor law; and 2) 8 hours continuing education
per year in specified areas.
Qualifications for the Environmental, Land Use, and Natural Gas Pipeline
Roster: 1) combination of 110 hours training and experience including a
minimum of 40 hours mediation process training (15 hours within 2 yrs
of application), 15 hours experience as mediator or co-mediator with a
CADRES mediator, and 20 hours work experience or substantive training in
a land use or environmental field, or other approved combination of
training and experience; 2) completion of CADRES land use mediation
training; and 3) 15 hours continuing education per year in specified
areas.
Sources: Diane E. Kenty, Esq., Director, Court Alternative Dispute
Resolution Service (CADRES), State of Maine Judicial Branch; Kathryn M.
Ainsworth, President, Maine Association of Dispute Resolution
Professionals; http://www.courts.state.me.us/whatsnew/ADRstatement.html;
Maryland
No state requirements for the practice of mediation. Parties may choose
any mediator.
Each county administrative judge prepares an approved list of mediators
for court appointments. Qualifications are established by Court of
Appeals Rules Order dated June 8, 1998. These Rules apply only to ADR
practitioners handling civil actions in a Circuit Court, and apply only
to court appointments.
Qualifications in General are: 1) 21 years of age; 2) bachelor's degree
from accredited university (may be waived for good cause); 3) 40 hours
of approved training; 4) abide by code of ethics; 5) agree to submit to
periodic monitoring; 6) comply with the court's procedures, including
accepting reduced fee or pro bono cases.
Qualifications for mediators of child access disputes are: 1) meet
qualifications in general; 2) observe 2 custody or visitation mediations
conducted by approved mediator; and 3) 20 hours of approved training in
family mediation.
Source: http://www.courts.state.md.us/adrrules.html
Massachusetts
No state requirements for the practice of mediation.
The Chief Justice of each trial court department approves programs to
receive court referrals. The Chief Justice for Administration and
Management combines and distributes these lists.
Basic qualifications for mediators: 1) 30 hours basic mediation
training; 2) court orientation; 3) specialized training if required for a
trial court department; 4) evaluation in a role-play situation; 5)
under the supervision of a qualified mediator, observe a minimum of one
mediation and discuss the mediation with the mentor, and be observed
mediating a minimum of one case and discuss the mediation with a mentor;
6) engage in continuing education. Alternative training, evaluation,
and mentoring may be accepted if qualifications are substantially met.
Sources: Jeannie Adams, Massachusetts Office of Dispute Resolution; Tim
Lineham, Administrative Office of the Trial Court;
http://www.state.ma.us/modr
Michigan
No state requirements for the practice of mediation.
Each court creates its own list for court referrals. Many courts have
developed referral processes with local community mediation centers. In
general, mediator qualifications are: 1) 40 hours of training; 2)
observation or participation in two mediations; and 3) 8 hours of
continuing education every 2 years.
The Michigan One Court of Justice has established a Community Dispute
Resolution Program.
Qualifications for Domestic Relations Mediators who provide services
under this program are: 1) to complete a training program approved by
the State Court Administrator; 2) either a) be a licensed attorney,
licensed or limited licensed psychologist, licensed professional
counselor, or a licensed marriage and family therapist; b) have a
master's degree in counseling, social work, or marriage in marriage and
family therapy; c) have a graduate degree in a behavioral science, or d)
have 5 years experience in family counseling; 3) observe 2 domestic
relations mediation proceedings conducted by an approved mediator, and
conduct one domestic relations mediation to conclusion under the
supervision and observation of an approved mediator.
Sources: Douglas Van Epps, Office of Dispute Resolution;
http://www.supremecourt.state.mi.us/programs/cdrp/;
Minnesota
No state requirements for the practice of mediation.
Rule 114 of the Minnesota General Rules of Practice mandates that the
court provide parties with information on ADR. Parties are required to
discuss the use of ADR and address this issue in an informational
statement filed with the court. Although parties may by agreement create
an ADR process, they are encouraged to choose a neutral from the
rosters. In addition, the Supreme Court encourages the selection of a
mediator for private mediation from the rosters. The Office of Supreme
Court Continuing Education maintains 2 separate rosters, civil and
family. In court ordered mediation, parties, attorneys, or judges must
choose from the rosters.
Qualifications for the Civil Facilitative/Hybird Neutral Roster are: 30
hours of training in specified areas including 15 hours of role-playing.
Qualifications for the Family Law Facilitative Neutral Roster are: 1) 40
hours of certified family mediation training in specified areas
including 40 percent role-playing and simulations; 2) 6 hours domestic
abuse training, which may be part of the 40 hours; 3) good standing in
their profession.
Sources: Stacy Janke, Office of the Supreme Court Continuing Education;
http://www.courts.state.mn.us/adr/adr_info.html
Mississippi
No state requirements for the practice of mediation.
A List of Mediators is maintained by the Mississippi Bar. Courts and
parties are encouraged, but not required, to select mediators from this
list.
Qualifications for list are: member of Mississippi bar in good standing
and 14-16 hours of training approved by the Court-Annexed Mediation
Committee.
Sources: http://msbar.org/aboutdir.html;
http://www.msbar.org/SC_Orders.html
Missouri
No state requirements for the practice of mediation.
Individual courts may maintain lists of mediators, may utilize lists
maintained by a bar association, and may establish mediation programs.
Minimum qualifications for the practice of in a circuit court program
for civil cases are 16 hours of training.
Minimum qualifications for the practice of in a circuit court program
for child custody and visitation cases are: 1) be an attorney or have a
graduate degree in psychiatry, psychology, social work, counseling, or
other behavioral area substantially related to marriage and family
interpersonal relationships; and 2) 20 hours of training.
Sources: Donna Devine, Office of State Courts Administrator;
http://www.courtrules.org/barule.htm;
http://www.courtrules.org/qx217alt.htm
Montana
No state requirements or guidelines for the practice of mediation.
Montana Civil Procedure Rule 54 mandates alternative dispute resolution
in appeals on workers' compensation, domestic relations, and money
judgment cases. The Clerk of the Supreme Court maintains three lists of
resident Montana attorneys who have indicated their desire to be
appointed as mediators in these appeals cases. Parties are encouraged to
voluntarily select a mediator, but if they are unable to do so, the
Clerk will appoint a mediator from the lists.
Listed attorneys for court appointments in appeals cases must be members
in good standing with the State Bar of Montana and have been licensed
as attorneys for no less than 5 years.
Sources: Kathy A van Hook, Montana Consensus Council, Governor's Office;
Office of the Clerk of the Supreme Court; http://web.lexis-nexis.com
(Mont. Code Anno., Ch. 21, Rule 54 (2000))
Nebraska
No state requirements or guidelines for the practice of mediation.
The state recognizes 6 ADR centers, each with its own mediator
qualifications. In order for a center to receive state funding, their
mediators must complete a minimum of 30 hours of training. For disputes
involving marital dissolution, mediators must have an additional 30
hours in family mediation. An initial apprenticeship with an experienced
mediator is required for at least three sessions for all mediators
without prior mediation experience.
Sources: Wendy Hind, ODR; http://web.lexis-nexis.com (R.R.S. Neb. '
25-2913 (2001))
Nevada
No state requirements or guidelines for the practice of mediation.
Parties may use a mediator of their choice.
Each court may develop its own mediator qualifications. Mediation or
arbitration is required in certain claims relating to residential
property within the common-interest community, and divisions handling
such claims are required to establish and maintain lists of mediators.
Most district courts have mediation programs for child custody and
visitation cases.
For example, qualifications for mediators in the court-connected
mandatory access and visitation mediation program of the Eighth Judicial
District Court are: 1) hold a law degree or a master's degree in
psychology, social work, marriage and family therapy, counseling or
related behavioral science; 2) 60 hours of approved child custody and
divorce mediation training including a minimum of 4 hours of domestic
violence training; 3) 3 years of experience in the domestic relations
arena conducting child custody mediation; 4) 15 hours of continuing
education each calendar year; 5) adhere to the Model Standards of
Conduct for Mediators.
Source: Ronetta Clark, Nevada Supreme Courts; http://web.lexis-nexis.com
(Nev.Rev.Stat.Ann.38.330 (2001)
New Hampshire
No state requirements for the practice of mediation.
The New Hampshire Marital Mediator Certification Board maintains a list
of Certified Marital Mediators. Qualifications for certification are: 1)
60 hours of approved training including 8 hours of domestic violence
issues and 15 hours of direct role- playing; 2) internship of 60 hours
involving 6 different marital mediation cases with a certified marital
mediator, including 54 hours in co-mediation with a Certified Marital
Mediator; and 3) 3 letters of recommendation from persons who have
participated with the applicant in marital mediation work.
Recertification is required every three years. Parties are encouraged
but not required to choose a Certified Marital Mediator.
The Superior Court maintains the Rule 170 Mediators Directory. Rule 170
states that all writs of summons and transfer of actions from the
District Court, with the exception of cases submitted by the parties to
private mediation, shall be assigned to ADR. Court referrals are made
from the directory. However, parties may choose mediators not in the
directory.
Qualifications for the Rule 170 Mediators Directory are: 1) attorney
approved by the court; 2) 20 hours of court-sponsored training in civil
mediation; and 3) adhere to Guidelines for Rule 170 Mediators.
Qualifications for practicing in the probate courts are: 1) 5 years
experience as a mediator; and 2) 40 hours of training; and 3) ability to
travel regionally. Knowledge of the probate court is desired.
Sources: Peter Wolfe, Chair of Superior Court ADR Committee, ADR
Coordinator; http://www.state.nh.us/marital/
New Jersey
No state requirements for the practice of mediation. Parties may choose
any mediator.
Court rules distinguish between "neutrals" and "qualified neutrals,"
with a qualified neutral defined as an individual included on any roster
of neutrals maintained by the Administrative Office of the Courts or an
Assignment Judge. The Administrative Office of the Courts maintains a
statewide roster for civil, general equity, and probate cases. Each
family court has its own roster maintained by the Assignment Judge.
Courts may make referrals to non-roster neutrals upon the finding that
it will not prejudice the interests of the parties.
Qualifications for Civil, General Equity, and Probate Mediators are: 1)
advanced or undergraduate degree in field of intended mediation
practice; 2) 5 years of professional experience in their field; 3) if
advanced degree, 2 mediations in the last year; if undergraduate degree,
then 10 mediations in last 5 years; 4) 18 hours of training in
specified areas; 5) 4 hours of annual continuing education; and 6) good
professional standing.
Qualifications for Custody and Parenting Time Mediators are: 1) graduate
degree or certification in a behavioral or social science; 2)
supervised clinical experience in mediation; 3) 40 hours of training in
specified areas; 4) 4 hours of annual continuing education; and 5) good
professional standing. The Assignment Judge may substitute relevant
experience for education, clinical experience, or both.
Qualifications for Special Civil Part Mediators (small claims and
landlord/tenant) are to complete 12 hours of approved training.
(Judicial law clerks, court staff, and volunteers.)
Sources: N.J. COURT RULES, 1969 R. 1:40 (2000)
New Mexico
No state requirements for the practice of mediation.
Recommended qualifications for family courts are: 40 hours of basic
mediation training and 16 hours of training in abuse and neglect.
Recommended qualifications for state agency mediators are: 40 hours of
basic mediation training, 20 hours of mentoring, and 20 hours of
facilitation.
Sources: Julia Barnes, Administrative Office of the Courts; Julia
Barnes, New Mexico Administrative Office of the Courts; Megan Rafferty,
Training Director, New Mexico Center for Dispute Resolution; Bob
Horwitz, Member of ADR Advisory Council; http://nmconsensus.org/
New York
No state requirements for the practice of mediation.
The NY State Unified Court System has developed a number of ADR programs
including mediation programs, which vary from county to county. The
Unified Court System also maintains the statewide Office of Alternative
Dispute Resolution Programs, which has established Standards for
Training and Continuing Education for Mediators and Trainers for
Community Dispute Resolution and Judicial District Funded Programs
administered through local community mediation programs.
Qualifications for community mediators are: 1) 25 hours of training and
role-play conducted by a certified trainer; 2) completing 1 observation
and 2 mediations under the supervision of the Program Director; 3) 6
hours per year of continuing education; and 4) conducting 3 mediations
per year to remain active in the Program.
Additional qualifications for family mediation are 12 hours of training
in visitation/custody and/or adult/child area of specialty.
Sources: http://www.courts.state.ny.us/adr/index.html;
http://www.courts.state.ny.us/cdrcp/MedReq.html
North Carolina
No state requirements for the practice of mediation.
The NC DR Commission certifies mediators to conduct mediated settlement
conferences A) in cases filed in the state's civil, superior courts, and
B) in district court cases involving equitable distribution and other
family financial matters. Parties may choose a non-certified mediator if
approved by the court. Court appointments must be certified mediators.
For court appointments, parties may express a preference for either an
attorney or a non-attorney mediator, and the judge shall honor these
preferences if possible based on the list of certified mediators
desiring to practice in the district.
Qualifications for certification for civil cases for attorneys are: 1)
40 hours certified mediation training; 2) either be a member in good
standing of the State Bar or be member in good standing of the Bar of
another state and demonstrate familiarity with NC courts and procedures
and provide three letters of reference; 3) 5 years experience; 4)
observe 2 mediated settlement conferences conducted by a certified
mediator, one of which must be court ordered; 5) demonstrate familiarity
with the statute, rules, and practice governing mediated settlement
conferences in NC; and 6) be of good moral character and adhere to
ethical standards.
Qualifications for certification for civil cases for non-attorneys are:
1) 40 hours certified mediation training; 2) 6 hours certified training
on NC courts and related matters; 3) 3 letters of reference; 4) either
a) 20 hours basic mediation training and mediating 30 disputes over 3
years or equivalent experience, and a four year college degree or 4
years management or administrative experience; or b) 10 years of
management or administrative experience; and 5) observe 5 mediated
settlement conferences conducted by at least 2 different certified
mediators, one of which must be court ordered; and demonstrate
familiarity with the statute, rules, and practice governing mediated
settlement conferences in NC; and 6) be of good moral character and
adhere to ethical standards.
Qualifications for certification for equitable and other family
financial cases for attorneys are: 1) 40 hours certified mediation
training; 2) either be a member in good standing of the State Bar or be
member in good standing of the Bar of another state and demonstrate
familiarity with NC courts and procedures and provide three letters of
reference; 3) 4 years experience; 4) observe 5 mediated settlement
conferences conducted by a certified mediator, 3 of which shall involve
custody or family financial issues; 5) demonstrate familiarity with the
statute, rules, and practice governing mediated settlement conferences;
and 6) be of good moral character and adhere to standards of practice;
7) take required continuing education.
Qualifications for certification for equitable and other family
financial cases for non-attorneys are: 1) be an advanced practitioner
member of the Association for Conflict Resolution; 2) 6 hours certified
training on NC courts and related matters; 3) 3 letters of reference; 4)
observe 5 mediated settlement conferences conducted by a certified
mediator, 3 of which shall involve custody or family financial issues;
5) demonstrate familiarity with the statute, rules, and practice
governing mediated settlement conferences; 6) be of good moral character
and adhere to standards of practice; and 7) take required continuing
education.
http://www.aoc.state.nc.us/www/drc/
North Dakota
No state requirements for the practice of mediation.
The State Court Administrator maintains rosters of neutrals for civil
mediation and domestic relations/contested child proceedings mediation.
The parties may select a neutral that is not listed on the roster. A
court-appointed contested child proceedings mediator must have the
qualifications listed below.
Qualifications for the Civil Mediator Roster are: 1) 30 hours of
training with specified components; 2) 15 hours of role-playing; and 3) 9
hours of continuing education every three years.
Qualifications for the Domestic Relations/Contested Child Proceedings
Mediator Roster are: 1) 40 hours of domestic relations training
including 2 hours on domestic abuse; 2) either a bachelor's degree in
behavioral science with 2 years of experience in family/child
intervention service, or a master's degree in behavioral science with 1
year of experience in family/child intervention service, or a license to
practice law with 2 years of experience in domestic relations cases;
and 3) continuing education of 9 hours in domestic relations training
every three years.
Source: http://www.court.state.nd.us/Court/Rules/ndroc/Rule8.9.htm
Ohio
No state requirements or guidelines for the practice of mediation. Ohio
has developed its mediation practice as a free market state and there is
no certification, licensure, or specific training requirement in place
for mediators.
Local practice for court mediation programs requires a minimum of 40
hours of mediation training for civil mediators in the courts of general
practice.
Mediators who are employed by the court or to whom the court makes
referrals in disputes concerning allocation of parental rights and
responsibilities are required to meet the following qualifications: 1)
bachelor's degree, or equivalent educational experience; 2) 2 years of
professional experience with families; 3) 12 hours basic mediation
training, or equivalent experience as a mediator; and 4) 40 hours
approved specialized family or divorce mediation training.
Sources: Maria Mone, Executive Director, Ohio Commission on Dispute
Resolution and Conflict Management;
www.sconet.state.oh.us/dispute_resolution/, . Eileen Pruett,
Coordinator, Dispute Resolution Programs, Supreme Court of Ohio. Link to
rule 16, qualifications for mediators concerning allocation of paretnal
rights and responsibilities.
http://www.sconet.state.oh.us/Rules/superintendence/#rule16
Oklahoma
No state requirements for the practice of mediation.
The Dispute Resolution Act of 2000 authorized any county, municipality,
accredited law school or agency of OK to establish programs for the
purpose of providing mediation services and established qualifications
to certify mediators participating in these programs.
Certification is granted when a mediator has obtained the following: 1)
approval by a certified program; 2) 20 hours of training with specified
components; 3) written recommendation from the trainer; 4) observation
of 1 mediation by a certified mediator; 5) written approval of the
sponsoring program's coordinator; 6) 10 hours of annual service as a
mediator or co-mediator in a certified program with satisfactory
evaluations, or equivalent continuing education; 7) recertification each
fiscal year.
Certification as a Family and Divorce Mediator is granted when a
mediator candidate has obtained the following: 1) approval by a
certified program; 2) signed commitment to provide 8 hours of service
per month or 80 hours of service per year as a mediator, training coach,
mentor, peer evaluator, or other service; 3) 40 hours of training with
specified components; 4) written recommendation from the trainer; 5)
mediation and/or co-mediation of 3-5 actual family and divorce
mediations (minimum of 12 hours) supervised by a certified mediator; 6)
written approval of the sponsoring program's coordinator; 7) 80 hours of
annual service as a mediator or co-mediator in a certified program with
satisfactory evaluations (continuing education may be substituted for
some hours); 8) recertification each fiscal year.
A district court may maintain a list of qualified mediators to assist
the parties in selecting a mediator.
Minimum qualifications for civil and commercial mediators are to be
certified pursuant to the Dispute Resolution Act or: 1) observe 2
mediation proceedings; 2) complete 24 hours of approved training; 3)
complete 6 hours of continuing education every 2 years; and 4) adhere to
the Model Standards of Conduct.
Minimum qualifications for divorce and family mediators are to be
certified pursuant to the Dispute Resolution Act or: 1) have been
regularly engaged in the practice of family and divorce mediation for 4
yrs, or 2) 40 hours of training in family and divorce mediation, and
conduct 12 hours of mediation with three 3 separate families, 6 hours of
continuing education every 2 years; and 3) adhere to the Model
Standards of Conduct.
Sources:
http://oklegal.onenet.net/oklegal-cgi/ifetch?Oklahoma_Statutes.99+24634501466+F;
http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+os+1801;
12 Okl. St. Chap. 37, Appx., Rule 11 (2000)
Oregon
No state requirements for the practice of mediation.
Community Dispute Resolution Programs which receive state funding must
adhere to mediator qualifications set by the Oregon DR Commission, as
listed below. Court connected mediators must also meet the
qualifications below.
Qualifications for community dispute resolution program mediators are:
1) 30 hours of training with 3 supervised role-plays and an evaluation,
and 2) 2 supervised mediations.
Qualifications for court connected domestic relations mediators are: 1)
30 hours of mediation training with 3 supervised role-plays and
evaluation, plus 24 hours of domestic relations training; 2) a master's
degree with substantial course work in behavioral science, or a law
degree, with seminar or graduate level work in specified family issues;
3) 20 supervised domestic relations mediations, or 2 years as a
mediator, or 2 years counseling or legal experience with 6 cases/60
hours mediation case experience; and 4) 12 hours continuing education
per year.
Qualifications for court connected domestic relations financial
mediators are the same as for court connected domestic relations
mediators, but with the addition of: 1) 40 hours of family legal and
financial training including 6 hours of role plays and 6 supervised
financial mediation cases; and 2) 7 hours continuing education per year.
Sources: www.odrc.state.or.us/cdrc.htm; ORS 36.100 to 36.210
Pennsylvania
No state requirements for the practice of mediation. Parties may choose
any mediator.
The PA Supreme Court established minimum qualifications for mediation in
custody and visitation cases through family court programs and
court-ordered mediation for individual cases. Local courts may impose
additional, more stringent qualifications. Minimum qualifications are:
1) a bachelor's degree and practical experience in law, psychiatry,
psychology, counseling, family therapy or any comparable behavioral or
social science field; 2) successful completion of approved basic
training in domestic and family violence or child abuse and a divorce
and custody mediation program; 3) mediation professional liability
insurance; and 4) additional mediation training consisting of a minimum
of 4 mediated cases totaling 10 hours under the supervision of a
mediator who is approved by the court to supervise other mediators; 5)
compliance with the ethical standards of the mediator profession as well
as those of his or her primary profession; 6) 20 hours of continuing
education every two years in topics related to family mediation. A
post-graduate student enrolled in a state or federally accredited
educational institution in the disciplines of law, psychiatry,
psychology, counseling, family therapy or any comparable behavioral or
social science field may mediate with direct and actual supervision by a
qualified mediator.
Sources: Patricia Miles, PA Supreme Court; Bernie Behrand, President,
Mediation Council of Western PA
Rhode Island
No state requirements for the practice of mediation.
Rhode Island provides confidentiality for communications with mediators
only if the mediator has the following qualifications: 1) 30 hours of
training; and 2) 2 years of professional experience as a mediator or has
been given an appointment to mediate by a judicial or governmental
body.
The Chief Judges Office of the Family Courts maintains a roster of
mediators for divorce mediation. Mediators on the roster meet the above
requirements for confidentiality. In addition, most have either a
Postgraduate Degree in Mental Health or a Law Degree and have taken
specialized training in Divorce Mediation. Parties are free to choose
mediators who are not on the roster.
Sources: General Laws of Rhode Island. R.I. Gen.Laws ' 9-19-44 (a)
(2001)
Loraine Della Porta, Deputy Director, MA Office of Dispute Resolution
David Tassoni, Administrative Office of Family Courts
South Carolina
No state requirements for the practice of mediation.
Civil actions filed in the circuit court for more than $25,000 and
custody or visitation in domestic relations actions, with some
exceptions, are subject to mediation. Parties may choose any mediator.
Where parties fail to find a mediator of their own choosing, the court
will appoint a mediator who has been certified by the Board of
Arbitration and Mediator Certification.
The Board of Arbitration and Mediator Certification certifies mediators
to be eligible for court appointments.
Qualifications for Circuit Court Mediation are: 1) be admitted to
practice law in SC for at least 3 years, be a member in good standing of
the SC Bar, and has not within 5 years been disbarred or suspended from
practice of law or publicly reprimanded; or be admitted to practice law
in the highest court of another state or the DC for 3 years, and have
received JD from approved law school, and be a member in good standing
in each jurisdiction where admitted, and has not been disbarred or
suspended from practice of law or publicly reprimanded, and be an
associate member of the SC Bar in good standing, and agree to be subject
to the Rules of Professional Conduct; 2) 40 hours approved civil
mediation training; 3) demonstrated familiarity with SC mediated
settlement conferences; 4) be at least 21 years of age; 5) be of good
moral character; and 6) agree to provide mediation to indigents without
pay.
Qualifications for Family Court Mediation are: 1) be a member in good
standing of the SC Bar; or be admitted to practice law in the highest
court of another state or the District of Columbia, have received a JD
from an approved law school, be a member in good standing in each
jurisdiction where admitted, have not been disbarred or suspended from
the practice of law or publicly reprimanded, be an associate member of
the SC Bar in good standing, and agree to be subject to the Rules of
Professional Conduct; or be a licensed psychologist, licensed master
social worker, licensed professional counselor, licensed marital and
family therapist, or a licensed physician specializing in psychiatry; 2)
40 hours approved family court mediation training; 3) demonstration of
familiarity with SC mediated settlement conferences; 4) be at least 21
years of age; 5) be of good moral character; 6) has not, within last 5
years, been denied a professional license or disciplined; and 7) agree
to provide mediation to indigents without pay.
Source: Capers G. Barr III/ Co-Chair of the Joint Commission on ADR;
http://www.judicial.state.sc.us/courtReg/listArbMedRules.cfm;
www.scbar.org/pdf/fammed.pdf; www.scbar.org/pdf/adr_all.pdf
South Dakota
No state requirements for the practice of mediation.
To be eligible as a court-appointed mediator in Family Courts, the
qualifications are: 1) 40 hours training and consultation with an
experienced mediator for at least 3 mediation sessions; or 5 years
experience in mediating custody and visitation issues with a minimum of
20 mediations during that period; 2) knowledge of SD court system and
procedures in contested family matters, knowledge of SD family law as
applied to custody and visitation issues, knowledge of child development
and the impact of divorce or separation, knowledge of available
resources, and knowledge of interviewing and mediation techniques
applicable to the family setting; and 3) continuing education courses.
Sources: Tom Barnett, South Dakota State Bar, 605-224-7554. Personal
Communication, February 11, 2002; www.usd.edu/sdma/court.html
Tennessee
No state requirements for the practice of mediation.
The ADR Commission maintains a list of family mediators and a list of
general-civil mediators. Court-ordered mediation and court-annexed
programs must use mediators from these lists. Parties are free to choose
other than listed mediators.
Qualifications to be listed as a general-civil mediator are: 1)
bachelor's degree in any field and 6 years of practice, or master's
degree in any field and 4 years of practice; 2) 40 hours of approved
training with specified components; 3) observe one mediation conducted
by a listed mediator; 4) be willing to undertake mentorship and pro bono
obligations; 5) be of good moral character; 6) adhere to Standards of
Professional Conduct; and 7) 6 hours of continuing education every two
years.
Qualifications to be listed as a family mediator are: 1) CPA license or a
graduate degree; 2) 4 years experience in psychiatry, psychology,
counseling, social work, education, law, or accounting; 3) 40 hours of
family mediation training with specified components including domestic
violence; 4) 6 hours of training in TN family law and court procedure;
5) be willing to undertake mentorship and pro bono obligations; 6) be of
good moral character; 7) adhere to Standards of Professional Conduct;
and 8) 6 hours of continuing education every two years.
Sources: Richard Kessler, Director, Commission on Alternative Dispute
Resolution, Administrative Office of the Courts; www.tsc.state.tn.us
Texas
No state requirements for the practice of mediation.
An impartial third party appointed for dispute resolution services by a
court or a governmental body must have the following qualifications: 40
classroom hours of approved training in dispute resolution techniques;
and for parent-child disputes, an additional 24 hours training in the
fields of family dynamics, child development, and family law. In
appropriate circumstances, a court may appoint a person as an impartial
third party who does not qualify as described above if the appointment
is based on legal or other professional training or experience in
particular dispute resolution processes. Sources: Texas State Bar Association, ADR Section Council
Chair.
Utah
No state requirements for the practice of mediation.
The Administrative Office of the Courts maintains the Court Annexed
Alternative Dispute Resolution Program Roster of Mediators, for public
information and quality assurance. Qualifications to be included on this
list are: 1) 30 hours of training in mediation; 2) mediated 3 cases/10
hours. Parties are free to choose a mediator not on the roster.
Sources: Sandy Iwasaki, Administrative Office of the Courts of Utah, ADR
Mediation Section; http://courtlink.utcourts.gov/mediation/; Tamara
Fackrell, Professor of Law and Mediator, BYU
Vermont
No state requirements for the practice of mediation. Parties may select a
mediator of their choice.
The Vermont Court Administrator keeps a list of mediators, most of whom
have gone through a training program to practice in the federal courts
in Vermont, for the information of judges making court referrals on
major civil cases.
The Vermont Family Court Mediation Program has defined criteria for
their list of contracted mediators: 1) 100 hours of training including
28 basic, 72 in divorce mediation with specified components; 2) 40 hours
mediation experience, with 30 hours as an intern divorce mediator, 5
hours of supervisions between the intern mediator and supervising
mediator; 3) 20 hours of continuing education every 2 years.
Source: Lee Suskin, Court Administrator, Supreme Court Office of the
Court Administrator; http://www.vermontjudiciary.org/
Virginia
No state requirements for the practice of mediation. Parties can choose
any mediator.
The State of Virginia has a roster of approximately 1000 certified
mediators. Mediators must be certified to receive court referrals.
Re-certification is required every 2 years. Qualifications for different
courts are listed below.
Qualifications of court-referred mediators for General District Court:
1) bachelor's degree or equivalent; 2) 20 hours certified training; 3)
observation of 2 complete cases or additional 8 hours training; 4)
supervised co-mediation of 3 cases/5 hours with written evaluation and
recommendation from certified mentor; 5) 4 hours certified training in
VA judicial system or equivalent experience; and 6) adherence to ethical
standards.
Qualifications of court-referred mediators for Juvenile and Domestic
Relations District Court: 1) bachelor's degree or equivalent; 2) 40
hours certified training; 3) observation of 2 complete cases or
additional 8 hours training; 4) supervised co-mediation of 5 cases/10
hours with written evaluation and recommendation from certified mentor;
5) 4 hours certified training in VA judicial system or equivalent
experience; and 6) adherence to ethical standards.
Qualifications of court-referred mediators for Circuit Court-Civil
Mediation: 1) bachelor's degree or equivalent; 2) 40 hours certified
training including 20 in family mediation; 3) observation of 2 complete
cases or additional 8 hours training; 4) supervised co-mediation of 5
cases/10 hours with written evaluation and recommendation from certified
mentor; 5) 4 hours certified training in VA judicial system or
equivalent experience; and 6) adherence to ethical standards.
Qualifications of court-referred mediators for Circuit Court-Family
Mediation: 1) bachelor's degree or equivalent; 2) 52 hours certified
training with specified components; 3) observation of 2 complete cases
or additional 8 hours training; 4) supervised co-mediation of 5 cases/10
hours with written evaluation and recommendation from certified mentor;
5) 4 hours certified training in VA judicial system or equivalent
experience; and 6) adherence to ethical standards.
Source: Geetha Ravindra, Director of DR, Supreme Court of VA;
www.courts.state.va.us
Washington
No state requirements for the practice of mediation.
The Washington Mediation Association has a voluntary Mediator
Certification Program for members.
There are court rules for mandatory mediation of healthcare claims. The
Superior Court maintains a register of qualified mediators for medical
malpractice cases. Qualifications required to be registered as a
mediator for malpractice cases are: be an attorney; have been a member
of the Washington State Bar Association for at least five years; and
have experience or expertise related to litigating actions arising from
injury occurring as a result of health care; and have 6 hours of CLE
mediator training and acted as a mediator in at least 10 cases, three of
which were medical malpractice; or be a retired judge having experience
or expertise related to actions arising from injury occurring as a
result of health care and satisfy the requirements of the above.
Sources: Louise Anderson, Office of the Administrator for the Courts;
Evan Ferber, Washington Mediation Association; State Rules, Rules for
Superior Court, Wash. CR 53.4 (2001)
West Virginia
No state requirements for the practice of mediation.
The Supreme Court of Appeals maintains a list of Court-Approved Family
Court Mediators for court-annexed programs. Qualifications are: 1) a
4-year degree from an accredited college or university; 2) 40 hour
approved domestic relations course; 3) 2 observations of family court
mediations; 4) 3 co-mediations with experienced family court mediators;
5) professional liability insurance; and 6) agree to complete twelve
hours of family court mediator continuing education every two years.
Mediators are encouraged to mediate some cases referred by the West
Virginia Family Court at no charge.
Source: http://www.state.wv.us/wvsca/familyct/cover.html
Wisconsin
No state requirements for the practice of mediation.
The only statewide mediation program is the Medical Mediation Panel.
Medical malpractice cases are required by statute to be mediated by a
three person panel consisting of an attorney, a doctor, and one of a
list of lay persons appointed by the governor. No mediation training or
experience is required. The Medical Mediation Panels Coordinator
generally selects an attorney with mediation experience and a doctor
with substantive experience in the type of case being mediated.
Source:
http://www.courts.state.wi.us/circuit/Alternative_Dispute_Resolution.htm;
Randy Sproule, Medical Mediation Panels Coordinator
Wyoming
No state requirements for the practice of mediation.
The State Court Administrator keeps a state-wide roster of qualified
mediators. Mediators must present documented evidence of training in
their specific area.
Source: Holly Hansen, State Court Administrator.