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Rule4-510.03. Qualification of ADR providers.

Intent:

To establish eligibility and qualificationrequirements for inclusion on the Utah Court Approved ADR Roster includingadditional requirements for designation as a Divorce Roster Mediator, Master Mediatorand Domestic Mentor.

Applicability:

This rule applies in the district court.

Statementof the Rule:

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

(1)(A)submit awritten application to the Director 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 specializationand experience of the applicant, such as real estate, estates, trusts andprobate, family law, personal injury or property damage, securities, taxation,civil rights and discrimination, consumer claims, construction and buildingcontracts, corporate and business organizations, environmental law, labor law,natural resources, business transactions/commercial law, administrative law andfinancial institutions law;

(1)(A)(iii) themaximum fees the applicant will charge for service as a provider under the ADRprogram; and

(1)(A)(iv) thejudicial districts in which the applicant is offering to provide services andthe location and a description of the facilities in which the applicant intendsto conduct the ADR proceedings;

(1)(B) agree tocomplete and annually complete up to six hours of ADR training as required bythe Judicial Council;

(1)(C) submit anannual report to the Director indicating the number of mediations andarbitrations the ADR provider has conducted that year; and

(1)(D) bere-qualified annually.

(2) To be included on the roster as amediator:

(2)(A) all newapplicants to the court roster must also have successfully completed at least40 hours of court-approved basic formal mediation training in the last threeyears. This training shall be under a single training course from a single,court-approved training provider. The applicant must also complete 10 hours ofexperience in observing a court qualified mediator conduct mediation, and 10hours in either conducting mediations singly or co-mediating with a courtqualified mediator, or meet such other education, training and experiencerequirements as the Council finds will promote the effective administration ofthe ADR program;

(2)(B) successfullypass an examination on the ethical requirements for mediators on the Utah CourtRoster;

(2)(C) agree toconduct at least three pro bono mediations each year as referred by theDirector; and

(2)(D) be of good moral character in that theprovider has not been convicted of a felony, a misdemeanor involving moralturpitude, or any other serious crime, and has not received professionalsanctions that, when considered in light of the duties and responsibilities ofan ADR provider, are determined by the Director to indicate that the bestinterests of the public are not served by including the provider on the roster.

(3) To be included on the court roster forqualified divorce mediators:

(3)(A) All new applicants to the roster ofdivorce mediators must also have an additional 32 hours of court-approvedtraining specific to the skills, Utah laws, and information needed to conductdivorce mediation. This training shall be under a single training course from asingle, court-approved provider.

(3)(B) All applicants must have a minimum of6 hours of training specific to domestic violence and screening for domesticviolence which may be included in the court approved 32 hour training referredto above.

(3)(C) New applicants to the court roster ofdivorce mediators are required to have acquired experience specific to divorcemediation. This is in addition to the 20 hours of experience required for thecourt roster of basic mediators. The additional experience includes havingobserved a minimum of two divorce mediations, co-mediating two divorcemediations and having been observed conducting two divorce mediations. Each ofthese includes debriefing and analysis afterward with a mediator who hasDomestic Mentor status. The Domestic Mentor may charge a fee for this service.

(3)(D) The Director will maintain and makeavailable a list of those mediators who have Domestic Mentor status.

(4) To be included on the roster as a MasterMediator, the provider must also have completed 300 hours in conductingmediation sessions.

(5) To be included on the roster as aDomestic Mentor, the provider must also have completed 300 hours in conductingmediation in domestic cases and completed a domestic mentor orientation.

(6) To be included on the roster as anarbitrator, the provider must also:

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

(6)(B) be of good moral character in that theprovider has not been convicted of a felony, a misdemeanor involving moralturpitude, or any other serious crime, and has not received professionalsanctions that, when considered with the duties and responsibilities of an ADRprovider are determined by the Director to indicate that the best interests ofthe public are not served by including the provider on the roster; and

(6)(C) agree toconduct at least one pro bono arbitration each year as referred by theDirector.

(7) To be re-qualified as a mediator, theprovider must, unless waived by the Director for good cause, demonstrate thatthe provider has conducted at least six mediation sessions or conducted 24hours of mediation during the previous year.

(8) To be re-qualified as an arbitrator, theprovider must, unless waived by the Director for good cause, demonstrate thatthe provider has conducted at least three arbitration sessions or conducted 12hours of arbitration during the previous year.

(9) A provider may be sanctioned for failureto comply with the code of ethics for ADR providers as adopted by the SupremeCourt or for failure to meet the requirements of this rule or state statute.The committee shall inform the public of public sanctions against a providerpromptly after imposing the sanction.

(9)A) Public sanctions may include singly orwith other sanctions:

a written warning and requirement to attend additionaltraining;

(9)(A)(i)require the mediator to allow the Director or designee to observe a set numberof mediation sessions conducted by the mediator;

(9)(A)(ii) suspensionfor a period of time from the court roster; and

(9)(A)(iii) removalfrom the court roster.

(9)(B) Private sanctions may include singlyor with other sanctions:

(9)(B)(i) admonition;

(9)(B)(ii) re-takeand successfully pass the ADR ethical exam.

(10) The committee shall approve and publishprocedures consistent with this rule to be used in imposing the sanction. Thecomplainant shall file a written and signed complaint with the director. Thedirector shall notify the provider in writing of the complaint and provide anopportunity to respond. The director may interview the complainant, theprovider and any parties involved. Upon consideration of all factors, thedirector may impose a sanction and notify the complainant and the provider. Ifthe provider seeks to challenge the sanction, the provider must notify thedirector within 10 days of receipt of the notification. The provider mayrequest reconsideration by the director or a hearing by the Judicial Council'sad hoc committee on ADR. The decision of the committee is final.

 

Effective November 1, 2018