Utah Courts
UCJA Rule 4-510.04 (Code of Judicial Administration)
UCJA Rule 4-510.04 (Code of Judicial Administration)
The Utah Code of Judicial Administration Chapters 11-15 have been moved to the Supreme Court Rules of Professional Practice Chapters 1-5
Rule 4-510.04. ADR training.
Intent:
To establish course content, methodology, and trainer qualifications for court-approved 40-hour basic mediation training (“Basic Mediation Training”) and to establish a process for certification of training programs.
Applicability: This rule applies to the Judiciary.
Statement of the Rule:
(1) Course content requirements. Any trainer or training program seeking to offer a mediator training program that fulfills the 40-hour mediator training requirement must abide by the following:
(1)(A) Submission of training materials.When applying for certification and renewal, training programs must provide the ADR Office (“Office”) with all training materials which will be used in the training program. These materials must include all exercises, handouts, and the training manual provided to the participants, including the required readings. Revisions, deletions, and/or additions to the previously approved training materials must be reported to the Office prior to conducting any course.
(1)(B) ADR syllabus approval. In addition to submission of training materials, each training program must seek approval of its syllabus from the Office no later than 20 working days in advance of each scheduled certified mediation training program. 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 will review the syllabus for compliance with the training standards and notify the trainer or training program of any deficiencies no later than 10 working days before the program is scheduled. Any deficiencies in the program syllabus must be corrected prior to the commencement of the training program.
(1)(C) Readings. All training programs must provide participants with a copy of Rules 4-510.01-.06, Rule 104 of the Utah Rules of Court-Annexed Alternative Dispute Resolution (URCADR), Utah Code title 78B, chapter 6, part 2, Alternative Dispute Resolution Act, Utah Code title 78B, chapter 10, Utah Uniform Mediation Act, and the Utah Mediation Best Practice Guide. 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. The program must include a method to ensure that the required readings are completed.
(1)(D) Ethics training. Training programs must review with participants Rule 104 of the URCADR and incorporate ethics throughout the program.
(1)(E) Mediation observation and experience opportunities.
(1)(E)(i) In addition to the Basic Mediation Training, the training program must:
(1)(E)(i)(a) provide opportunities for participants who successfully complete the training to fulfill all 10 hours of mediation observation and all 10 hours of co-mediation experience in accordance with Rule 4-510.03; or
(1)(E)(i)(b) provide documentation evidencing how the trainer will provide opportunities for all 10 hours of mediation observation and all 10 hours of co-mediation experience hours in accordance with Rule 4-510.03. For example, contractual arrangements with mediators on the Roster who have agreed to provide opportunities which fulfill the requirements in Rule 4-510.03.
(1)(E)(ii) Trainers who provide Basic Mediation Training for 25 or fewer participants per calendar year need only provide all 10 hours of mediation observation opportunities in accordance with Rule 4-510.03 or documentation evidencing how the trainer will provide opportunities for participants to complete all 10 hours of mediation observation in accordance with Rule 4-510.03. For example, contractual arrangements with mediators on the Roster who have agreed to provide opportunities which fulfill the mediation observation requirement in Rule 4-510.03.
(2) Training methodology:
(2)(A) Pedagogy. The program must include lecture, group discussion, written exercises, mediation simulations, and role plays. Outside readings should also be provided by the trainer to supplement the training.
(2)(B) Mediation demonstration. All training programs must present a role play mediation simulation (either live or by video) prior to the participant's role play experience as the mediator.
(2)(C) Primary Trainer.A Primary Trainer must be in attendance during the entire training programand actively instructing over 50 percent of the training content. 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.
(2)(D) Participant attendance.Participants must complete their training requirement by attending one entire program. The Primary Trainer is responsible for ensuring that participants comply with the approved syllabus. Under no circumstances may a participant be excused from attending portions of the training. Any portion of the training missed must be made up as directed by the Primary Trainer.
(3) Primary Trainer qualifications.
(3)(A) Training programs must employ a Primary Trainer approved by the Office who meets the applicable qualifications of a Primary Trainer.
(3)(B) Primary Trainers must demonstrate at least the following qualifications:
(3)(B)(i) successful completion of a minimum of 40 hours of mediation training;
(3)(B)(ii) participation in a minimum of 300 hours of mediation acting as the mediator; and
(3)(B)(iii) completion of 6 hours of continuing mediator education in the last year.
(3)(C) Primary Trainers are approved for a three-year period.
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