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Rule 11. Qualifying as Mediator

Oklahoma Statutes AnnotatedTitle 12. Civil Procedure

Oklahoma Statutes Annotated
Title 12. Civil Procedure (Refs & Annos)
Chapter 37.--Appendix. Rules and Procedures for the Dispute Resolution Act (Refs & Annos)
T. 12, Ch. 37, App., Rule 11
Rule 11. Qualifying as Mediator
A. Initial qualification as a mediator is obtained through state certification. Certification is granted when a mediator has obtained the following:
1. Sponsorship and approval by a dispute mediation program that is certified under the Act;
2. At least 20 hours of initial mediator training, which shall include instruction and practice in the introduction to mediation, calming techniques, listening skills, negotiations, holding private meetings within mediation, working toward an agreement, specifying terms in an agreement, and other requirements specified by a program and/or Director;
3. A written recommendation by the state certified trainer who conducted the initial training and has observed the individual acting as a mediator in a mock mediation;
4. Observation of a certified mediator during an actual mediation;
5. An actual mediation conducted while observed by a certified mediator or program coordinator;
6. Written approval of the sponsoring program's coordinator; and
7. Approval by the Director based on recommendations by the state certified trainer under whom initial training was obtained and by the program coordinator of the sponsoring program.
B. Continuing qualification as a mediator:
1. To maintain qualification, mediators must be reviewed and reapproved by their program coordinator and by the Director each fiscal year. To be eligible for continuing mediator certification, the mediator shall have, during the reporting period, ten hours of program sponsored service as a mediator or co-mediator in a program certified under the Act, and a program evaluation of “satisfactory” as a mediator, or less than ten hours of program sponsored service as a mediator or co-mediator plus participation during the reporting period in subject related continuing education activities which may include coursework in related areas at a college or professional school, dispute resolution conference attendance, additional or refresher mediator training, and a program evaluation of “satisfactory” as a mediator.
C. Initial qualification as a family and divorce mediator is obtained through state certification. Certification as a Family and Divorce Mediator is granted when a mediator candidate has obtained the following:
1. Sponsorship and approval by a community-based dispute mediation program that is certified under the Act;
2. A 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 at the discretion of the program coordinator;
3. At least 40 hours of family and divorce mediator training, which shall include instruction and practice in the mediation process--stages of mediated problem solving, communication and conciliation skills, negotiation, holding private meetings within mediation, conflict analysis and design of mediation strategies, legal aspects of divorce and custody issues, approaches to parenting and property and financial issues, dealing with deadlocks in mediation, psychological issues of divorce, mediator power and influence, reaching closure and writing agreements, and ethical issues in mediation;
4. A written recommendation by the state certified family and divorce mediation trainer who conducted the specialized training and has observed the individual acting as a mediator in a mock mediation;
5. Mediation and/or co-mediation of 3 to 5 actual family and divorce mediations, a minimum of 12 clock hours conducting actual family and divorce mediation while supervised by the program coordinator or a certified family and divorce mediator designated by the program coordinator;
6. Written approval of the sponsoring program's coordinator; and
7. Approval by the Director based on recommendations by the state certified trainer under whom initial training was obtained and by the program coordinator of the sponsoring program.
D. Continuing qualifications as a family and divorce mediator:
1. To maintain qualification, family and divorce mediators must be reviewed and reapproved by their program coordinator and by the Director each fiscal year. To be eligible for continuing certification, the mediator shall have, during the reporting period, eighty hours of program sponsored service as mediator or co-mediator in a program certified under the Act, and a program evaluation of “satisfactory” as a mediator, or less than eighty hours of program sponsored service as a family and divorce mediator or co-mediator plus service as a training coach, mentor, or peer evaluator, or participation during the reporting period in subject related continuing education activities which may include dispute resolution conference attendance, additional or refresher mediator training, and a program evaluation of “satisfactory” as a family and divorce mediator. This program evaluation is to be based on a rating of “satisfactory” following at least one observation annually by the program coordinator or his/her designated peer evaluator of the family and divorce mediator; ongoing evaluation of mediator performance through exit surveys completed by parties, attorneys, evaluators, if present, and the mediator; and fulfillment of the volunteer's service commitment.
E. Agency and mediator credentials are open for inspection in the office of the Director.
F. An individual without satisfactory credentials on file in the office of the Director is not eligible to receive the benefits and protections of the Act.

Credits

Adopted effective April 8, 1986. Amended effective April 20, 1989; March 14, 1996.
Dispute Resolution Rule 11, 12 O. S. A. Ch. 37, App., OK ST DISPUTE RES Rule 11
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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