Print Version
Previous PageFile uploaded: 10/31/2014

Rule 4-510.03. Qualification of ADR providers.

Intent:

To establish eligibility and qualification requirements forinclusion on the Utah Court Approved ADR Roster including additionalrequirements for designation as a Divorce Roster Mediator, Master Mediator andDomestic Mentor.

Applicability:

This rule applies in the district court.

Statement of the Rule:

(1)To be eligible for the roster, an applicant must:

(1)(A)submit a written application to theDirector setting forth:

(1)(A)(i) a description of how the applicant meets, or will meetwithin a reasonable time, the requirements specified in paragraph (2)(A), ifapplicable;

(1)(A)(ii) the major areas of specialization and experience of theapplicant, such as real estate, estates, trusts and probate, family law,personal injury or property damage, securities, taxation, civil rights anddiscrimination, consumer claims, construction and building contracts, corporateand business organizations, environmental law, labor law, natural resources,business transactions/commercial law, administrative law and financialinstitutions law;

(1)(A)(iii) the maximum fees theapplicant will charge for service as a provider under the ADR program; and

(1)(A)(iv) the judicial districts inwhich the applicant is offering to provide services and the location and adescription of the facilities in which the applicant intends to conduct the ADRproceedings;

(1)(B) agree to complete and annuallycomplete up to six hours of ADR training as required by the Judicial Council;

(1)(C) submit an annual report to theDirector indicating the number of mediations and arbitrations the ADR providerhas conducted that year; and

(1)(D) be re-qualified annually.

(2) To be included on the roster as a mediator:

(2)(A) all new applicants to the courtroster must also have successfully completed at least 40 hours ofcourt-approved basic formal mediation training in the last three years. Thistraining shall be under a single training course from a single, court-approvedtraining provider. The applicant must also complete 10 hours of experience inobserving a court qualified mediator conduct mediation, and 10 hours in eitherconducting mediations singly or co-mediating with a court qualified mediator,or meet such other education, training and experience requirements as theCouncil finds will promote the effective administration of the ADR program;

(2)(B) successfully pass an examinationon the Code of Ethics for ADR providers;

(2)(C)agree to conduct at least three probono mediations each year as referred by the Director; and

(2)(D) be of good moral character in that the provider has notbeen convicted of a felony, a misdemeanor involving moral turpitude, or anyother serious crime, and has not received professional sanctions that, whenconsidered in light of the duties and responsibilities of an ADR provider, aredetermined by the Director to indicate that the best interests of the publicare not served by including the provider on the roster.

(3) To be included on the court roster for qualified divorcemediators:

(3)(A) All new applicants to the roster of divorce mediators mustalso have an additional 32 hours of court-approved training specific to theskills, Utah laws, and information needed to conduct divorce mediation. Thistraining shall be under a single training course from a single, court-approvedprovider.

(3)(B) All applicants must have a minimum of 6 hours of trainingspecific to domestic violence and screening for domestic violence which may beincluded in the court approved 32 hour training referred to above.

(3)(C) New applicants to the court roster of divorce mediators arerequired to have acquired experience specific to divorce mediation. This is inaddition to the 20 hours of experience required for the court roster of basicmediators. The additional experience includes having observed a minimum of twodivorce mediations, co-mediating two divorce mediations and having beenobserved conducting two divorce mediations. Each of these includes debriefingand analysis afterward with a mediator who has Domestic Mentor status. TheDomestic Mentor may charge a fee for this service.

(3)(D) The Director will maintain and make available a list ofthose mediators who have Domestic Mentor status.

(4) To be included on the roster as a Master Mediator, theprovider must also have completed 300 hours in conducting mediation sessions.

(5) To be included on the roster as a Domestic Mentor, theprovider must also have completed 300 hours in conducting mediation in domesticcases and completed a domestic mentor orientation.

(6) To be included on the roster as an arbitrator, the providermust also:

(6)(A) have been a member in good standing of the Utah State Barfor at least ten years, or meet such other education, training and experiencerequirements as the Council finds will promote the effective administration ofthe ADR program;

(6)(B) be of good moral character in that the provider has notbeen convicted of a felony, a misdemeanor involving moral turpitude, or anyother serious crime, and has not received professional sanctions that, whenconsidered with the duties and responsibilities of an ADR provider aredetermined by the Director to indicate that the best interests of the publicare not served by including the provider on the roster; and

(6)(C) agree to conduct at least one probono arbitration each year as referred by the Director.

(7) To be re-qualified as a mediator, the provider must, unlesswaived by the Director for good cause, demonstrate that the provider hasconducted at least six mediation sessions or conducted 24 hours of mediationduring the previous year.

(8) To be re-qualified as an arbitrator, the provider must, unlesswaived by the Director for good cause, demonstrate that the provider hasconducted at least three arbitration sessions or conducted 12 hours ofarbitration during the previous year.

(9) A provider may be sanctioned for failure to comply with thecode of ethics for ADR providers as adopted by the Supreme Court or for failureto meet the requirements of this rule or state statute. The committee shallinform the public of public sanctions against a provider promptly afterimposing the sanction.

(9)A) Public sanctions may include singly or with other sanctions:

a written warning and requirement to attend additional training;

(9)(A)(i) require the mediator to allowthe Director or designee to observe a set number of mediation sessionsconducted by the mediator;

(9)(A)(ii) suspension for a period oftime from the court roster; and

(9)(A)(iii) removal from the courtroster.

(9)(B) Private sanctions may include singly or with othersanctions:

(9)(B)(i) admonition;

(9)(B)(ii) re-take and successfully passthe ADR ethical exam.

(10) The committee shall approve and publish procedures consistentwith this rule to be used in imposing the sanction. The complainant shall filea written and signed complaint with the director. The director shall notify theprovider in writing of the complaint and provide an opportunity to respond. Thedirector may interview the complainant, the provider and any parties involved.Upon consideration of all factors, the director may impose a sanction andnotify the complainant and the provider. If the provider seeks to challenge thesanction, the provider must notify the director within 10 days of receipt ofthe notification. The provider may request reconsideration by the director or ahearing by the Judicial Council's ad hoc committee on ADR. The decision of thecommittee is final.