Utah Courts
UCJA Rule 4-510.04 (Code of Judicial Administration)
UCJA Rule 4-510.04 (Code of Judicial Administration)
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.