Rule 4-510.04. ADR training.
Intent: To establish course content, methodology and trainer
qualifications for Court-approved 40-hour Basic Mediation Training and to
establish a process for certification of training programs.
Applicability: This rule applies in the district court.
Statement of the Rule:
(1) Course content requirements. Any trainer or training program
seeking to offer a mediator training program that fulfills the Court's 40-hour
mediator training requirement must abide by the following:
(2) Submission of training materials. When applying for certification
and renewal, training programs shall provide the ADR Office at the AOC with all
training materials which will be used in the training program. These materials
shall include, but are not limited to, the following: the training manual that
is given to the participants including the required readings; all exercises and
handouts. Revisions, deletions and/or additions to the previously approved
training materials must be reported to the Office prior to conducting any
course.
(3) ADR syllabus approval. In addition to submission of training
materials, each training program must seek approval of its syllabus from the
Office 20 working days in advance of each offering of a certified mediation
training program. The syllabus shall be reviewed by the Office for compliance
with the training standards. The syllabus must be submitted in a format that
easily identifies the presentation topic, the trainer(s) for each topic, the
time allotted to each topic, any training activities, and the inclusion of the
break times. The Office shall notify the trainer or training program of any
deficiencies no later than 10 working days before the program is to be offered.
Any deficiencies in the program syllabus shall be corrected prior to the
commencement of the training program.
(4) Readings. All training programs must provide the participants with
copies of Rule 4-510 UCJA, Rule 104 (the ethical code),Title 78B, Chapter 6,
Part 2, Alternative Dispute Resolution Act, and Title 78B, Chapter 10, Utah
Uniform Mediation Act. Time spent reading the required materials may not count
towards the required number of hours of training and can be completed by participants
at times when the training program is not being conducted. Trainers shall
incorporate in this program some method of ensuring that the required readings
are completed.
(5) Ethics Training. Training programs shall review with participants
Rule 104 Code of Ethics for ADR Providers. In addition, ethics shall be woven
throughout the program.
(6) Training Methodology:
(4)(A)(ii)(a) (6)(A) Pedagogy. The program shall include, but is not
limited to, the following: lecture, group discussion, written exercises,
mediation simulations and role plays. In addition, outside readings should be
provided by the trainer to supplement the training.
(6)(B) Mediation Demonstration. All training programs shall present a
role play mediation simulation (either live or by video) prior to the
participant's role play experience as the mediator.
(6)(C) A primary trainer must be in attendance during the entire
training program. It is preferable that a single primary trainer fulfill this
obligation, but it is permissible that this be accomplished by more than one
primary trainer.
(6)(D) Participant attendance: Participants must complete their
training requirement by attending one entire program. The primary trainer is
responsible for ensuring that the approved syllabus is complied with. Under no
circumstances may a participant be excused from attending portions of the
training; any portion of training missed shall be made up as directed by the
primary trainer.
(7) Trainer Qualifications. Training programs shall employ a primary
trainer who meets the applicable qualifications of a primary trainer and who
have been approved by the Office. In order to be approved as a primary trainer,
a trainer must demonstrate the following qualifications:
(7)(A) Successful completion of a minimum of 40 hours of mediation
training.
(7)(B) Participation in a minimum of 300 hours of mediation acting as
the mediator.
(7)(C) Completion of 6 hours of continuing mediator education in the
last year.
(7)(D) Primary trainers are approved for a three (3) year period.