M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Proposed N.D.R.Ct. 8.8; Roster of ADR Neutrals
In the following material are two alternative drafts of proposed new N.D.R.Ct. 8.8. The first alternative is a new version of the draft the Committee was working with at the last meeting. It incorporates changes and suggestions made by the Committee at the last meeting, including the following:
1) The qualifications in AR 28 for a contested child proceedings mediator under N.D.C.C. ch. 14-09.1 are eased and incorporated into the proposal. The qualifications are eased by eliminating the following qualifications: That the training be certified by a national organization which certifies training in alternative dispute resolution; and that the organization have been in existence for at least three years.
2) The proposal clarifies the roster is to include the neutral's name, address, and basic credentials.
3) The proposal requires a neutral to provide the State Court Administrator with the neutral's written credentials.
4) For an arbitrator to be listed, the proposal eliminates the requirement for 6 hours of classroom training. Instead, an arbitrator need only provide in writing the arbitrator's qualifications.
5) For a civil mediator to be listed, the proposal only requires 6 hours of training instead of 30.
6) The proposal provides for a disclaimer, and the note explains the rosters do not imply a degree of skill or competency for a particular case. The rosters are intended to assist people in locating an appropriate neutral by serving as a starting point.
The second alternative contains recommendations from the SBAND ADR Committee, including the following:
1) The option of qualifying as a contested child proceedings mediator by obtaining certification as a mediator by a national organization that certifies members is eliminated. The important criterion already in the proposal is that the mediator complete 40 hours minimum of domestic relations mediation training.
2) The requirement for 6 hours of "domestic violence training" is changed to 2 hours of "domestic abuse training." Otherwise, the ADR Committee was concerned the Erickson Mediation Institute divorce mediation training being sponsored by SBAND may not qualify mediators under the requirements of the rule.
3) The civil arbitrator roster is eliminated. The ADR Committee did not think people should be listed on a roster without meeting minimal qualifications. Alternatively, the ADR Committee recommended providing a roster of civil arbitrators having 30 hours of training.
4) An additional 3 hours of continued mediation training is required every three years for listing on the civil mediator and domestic relations mediator roster.
5) A disclaimer is put in the rule rather than in the explanatory note.
6) The roster for a domestic relations mediator is combined with the roster for contested child proceedings.
Does the Committee want to recommend adoption of a rule providing for a roster of ADR providers? What should the number of the rule be? Should the proposal be designated as Rule 8.8? Should AR 28 "Qualifications for Court-Appointed Mediators" be repealed?