Article 1
Scope of the Rules
Article 2
Starting the Mediation Process
Article 3
Selecting the Mediator
Article 4
Conducting the Mediation
Article 5
Terminating the Mediation
Article 6
Mediation Communications, Confidentiality and Disclosure
Article 7
Protections from Certain Liabilities
Article 8
Number and Appointment of Mediators
Article 9
Mediator Acting As Arbitrator
Article 10
Enforceability Of Settlement Agreement
Article 11
Fees and Costs
Article 12
References to these Rules in Contract Mediation Clauses
FORMS:
APPENDIX 1
Request for Mediation
(where there is no agreement to refer a dispute
to the Office of the Judiciary Out-of-Court Mediation Rules)
APPENDIX 2
Request for Mediation
(where there is an agreement to refer a dispute
to the Office of the Judiciary Out-of-Court Mediation Rules)
APPENDIX 3
Statement of Independence
APPENDIX 4
Statement Of Understanding
APPENDIX 5 (OPTIONAL)
Schedule Of Mediation Costs
________________________
Potential Additions to Out-of-Court Mediation Rules:
Optional Form A: Application for Admission to Out-of-Court Mediation Program Roster
Mediator Qualification Provisions
Optional Form B: Mediator’s Final Report On Mediation Proceedings
Whereas, the Office of Judiciary (OCJ) has authorized the Alternative Dispute Resolution Office (ADRO) to promote and develop out-of-court mediation (“Mediation”) for pre-litigation disputes or for during the litigation or arbitration of disputes; it is, therefore, necessary to issue Out-of-Court Mediation Rules (these Rules) as follows:
What out-of court mediation is:
Under these rules, Mediation is a process in which a neutral third party (the "Mediator"), at the request of the parties to a dispute, meets with those parties and actively assists them in reaching a resolution of the dispute. Mediation under these Rules can occur before or during the litigation or arbitration of a dispute. The resolution sought is one that is mutually acceptable to the parties. This type of resolution is often called a settlement. Mediation is also known as facilitated negotiations, a type of Alternative Dispute Resolution (ADR), or a type of Conciliation.
Mediation is voluntary in the sense that either party may, if it so chooses, withdraw from the Mediation at any stage prior to the signing of a settlement agreement by all parties. Mediation is generally confidential. It is highly flexible and informal. The Mediation process is non-binding, although a settlement agreement resulting from a completed Mediation process usually is binding. Typically, Mediation is concluded expeditiously at moderate cost.
Mediator’s role:
The role of the Mediator is to facilitate communication, promote understanding, and assist the parties to negotiate in good faith with each other. The Mediator also helps the parties to focus on what their interests are in the dispute, while assisting the parties to develop settlement options that can lead to informed decisions on resolution. The role of the Mediator and the goal of the Mediation process are to help parties achieve their own resolution.
Selecting the Mediator:
The Mediator who will mediate a given dispute is:
- the person appointed, and mutually agreed upon, by the parties to a dispute; or
- the person appointed by the ADRO, if the parties consent to Mediation but cannot agree upon their choice of Mediator.
- The Mediator may be a person who is appointed by the parties or ADRO but whose name does not appear on any Roster of Mediators established and maintained by ADRO.
What out-of court mediation is not:
Mediation should not be considered to be the same as binding arbitration or to be a type of adjudication, for example where arbitrators or judges alone make decisions that are binding on the parties. These Rules do not apply to cases where a judge or an arbitrator, in the course of and as part of judicial or arbitral proceedings, attempts to facilitate a settlement of the case or proceedings.
Certain reasons to use mediation:
Amicable resolution, or at least mutually agreeable settlement, is often a desirable solution for business, personal, or other disputes. This can occur through Mediation before or during the litigation or arbitration of a dispute.
Administration and guidelines for these Rules:
The Office of the Judiciary sets out these Mediation rules, which are entitled the Office of the Judiciary Out-of-Court Mediation Rules (referred to as the "Rules"). The Alternative Dispute Resolution Office (“ADRO”) (part of the Office of the Judiciary) administers these Rules.
As guidelines for these Rules, the Office of the Judiciary Manual for Out-of-Court Mediation (the "Manual") provides an explanation of the Rules, further discussion on mediation as a settlement technique, printed forms parties can use, and other background information. The Manual does not form part of these Rules.
All disputes, whether local, national, or international, may be referred to Mediation under these Rules. The provisions of these Rules may be modified by agreement of all of the parties, subject to the approval of ADRO.
A - Where there is no agreement, such as a contract clause, to refer disputes to ADRO under these Rules:
1. Where there is no agreement, such as a contract clause, between or among the parties to refer their disputes to these Rules, any party or parties wishing to start the Mediation process under the Rules shall send to ADRO a written Request for Mediation, as set out in Appendix 1, which shall include:
The Request for Mediation may also include any proposal regarding the qualifications of a Mediator and may propose a Mediator or a list of Mediators that would be qualified to serve as the Mediator in the Mediation of the dispute.
2. ADRO shall promptly inform the other party or parties in writing of the Request for Mediation. Such party or parties shall be asked to inform ADRO in writing, within 15 business days (not counting weekends or national public holidays) after receipt of the Request for Mediation, as to whether they agree or decline to participate in the Mediation process. In the former case, they may provide any proposal regarding the qualifications of a Mediator and may propose a Mediator or a list of Mediators that would be qualified to serve as the Mediator in the Mediation of the dispute. Thereafter, all of the parties may jointly designate a Mediator or may agree upon the qualifications of a Mediator to be appointed by ADRO. In either case, the parties shall promptly notify ADRO of their Mediator designation or their agreed-upon Mediator qualifications.
3. In the absence of any reply within such 15-day period, or in the case of a negative reply, the Request for Mediation shall be deemed to have been declined and Mediation proceedings shall not be commenced. ADRO shall promptly so inform in writing the party or parties that filed the Request for Mediation.
B - Where there is an agreement, including but limited to a contract clause, to refer to the Rules:
1. Where there is an agreement, including but limited to a contract clause, between or among the parties to refer their dispute to these Rules, any party or parties wishing to commence the Mediation process under these Rules shall send to ADRO a written Request for Mediation, as set out in Appendix 2, which shall include:
2. Where the Request for Mediation is not filed jointly by all of the parties to the dispute, the party or parties filing the Request for Mediation shall simultaneously send the Request for Mediation to the other party or parties. Such Request may include any proposal regarding the qualifications of a Mediator and may propose a Mediator or a list of Mediators that would be qualified to serve in the Mediation of the dispute. Thereafter, all of the parties may jointly designate a Mediator or may agree upon the qualifications of a Mediator to be appointed by ADRO. In either case, the parties shall promptly notify ADRO of their Mediator designation or their agreed-upon Mediator qualifications.
3. ADRO shall promptly acknowledge receipt of the Request for Mediation in writing to the parties.
C. For situations, as described in section B of this article, where ADRO appoints the Mediator for a given dispute or where a party asks ADRO for a list of Mediators, ADRO or its designated committee has the authority to periodically select Mediators to be placed on or removed from an ADRO-maintained, public roster of Mediators (“Roster”). Under such authority, ADRO or its committee shall select for any such Roster only persons whom ADRO determines have at least the minimum, necessary qualifications for a Mediator so selected. These qualifications (“Qualifications”) will become part of the Manual. At ADRO’s discretion, the Roster may identify Mediators by subject matter expertise. Any party may ask ADRO for a copy of the Roster, if ADRO has established the Roster and continues to maintain the Roster. The Roster will become part of the Manual.
[Note to Reviewers: The assumption in Article 3 is that ADRO will issue its qualification and roster procedures at a later date. When issued, those procedures would become part of the Manual. Right after the Appendices in this document, you will find draft qualifications and roster procedures.]
1. Where all of the parties have jointly designated a Mediator, ADRO shall take note of that designation, and such person, upon notifying ADRO of his or her agreement to serve, shall act as the Mediator in the Mediation proceedings.
2. Where a Mediator has not been designated by all of the parties, or where the designated Mediator does not agree to serve, ADRO shall promptly appoint a Mediator, either through its committee or otherwise; ADRO shall also notify the parties of any such Mediator’s refusal to serve and of the final ADRO appointment. ADRO shall make all reasonable efforts to appoint a Mediator having the qualifications, if any, that have been agreed upon by all of the parties. See Article 2, section C above for a discussion of Mediator Qualifications and authority for ADRO to establish and maintain a Roster of Mediators.
3. Every prospective Mediator shall promptly provide ADRO with a curriculum vita and also a statement of neutrality, impartiality, and independence (“Statement of Independence”) with respect to the parties and the dispute. See Appendix 3 for a form of the Statement of Independence. The prospective Mediator shall duly sign and date each of these two documents.
4. Before completing the Statement of Independence, the prospective Mediator shall review his and his firm’s record sufficient to determine whether there is a basis for disqualification as Mediator. The review shall include, but shall not be limited to, a search for conflicts of interests in the manner prescribed by the applicable rules pertaining to the prospective Mediator’s profession. The prospective Mediator shall disclose in the Statement of Independence any facts or circumstances that might be of such nature as to call into question his or her neutrality, impartiality, and independence in the eyes of the parties at the time the prospective Mediator signs the Statement of Independence and at any time during or after the proposed Mediation that the prospective Mediator can reasonably anticipate or plan. If there are no such facts or circumstances, the prospective Mediator shall state in the Statement of Independence that there is no basis for disqualifying him or her from serving as Mediator in the subject dispute.
5. ADRO shall notify the Mediator of his/her appointment or non-appointment within ____days. The selected Mediator shall within _____ days thereafter notify all disputants of his or her appointment as Mediator and at the same time provide them a copy of a signed Statement of Independence.
6. A party to the Mediation, who believes that the selected Mediator or prospective Mediator has a conflict of interest, promptly shall bring the issue to the attention of the Mediator and to the other parties to the Mediation. If the Mediator does not withdraw, and any party is not satisfied with this decision, the issue shall be brought to ADRO’s attention by the Mediator or any of the parties to the Mediation. ADRO shall take such action as ADRO deems necessary or appropriate to resolve the alleged conflict of interest, including but not limited to promptly appointing another Mediator for the dispute.
7. The selected Mediator, from the time of his or her appointment and throughout the Mediation proceedings and process, shall without delay disclose to the ADRO and the disputants, in a written and filed Supplemental Statement of Independence, any change in facts or circumstances related to the Statement of Understanding. Such changes might include, but not be limited to, additional or new, actual or potential conflicts of interest.
1. The Mediator shall conduct the Mediation proceedings in the manner agreed by the parties. If, and to the extent that, the parties have not made such agreement, the Mediator shall, in accordance with these Rules, determine the manner in which the Mediation shall be conducted. In all cases the Mediator should be guided by the principles of fairness, impartiality, neutrality, and independence and by the wishes of the parties. The Mediator does not have the authority to impose upon the parties a solution to the dispute.
2. At the beginning of the Mediation proceedings, the Mediator should in an opening statement include the following without limitation:
3. After stating the information described in paragraph 2 above, the Mediator should ask the parties to sign a written Statement of Understanding as set out in Appendix 4. The Statement of Understanding restates the information the Mediator should tell the parties. The Mediator should also sign and date the Statement of Understanding.
4.In the absence of an agreement of the parties, the Mediator shall determine the language or languages of the proceedings and the place of any meetings to be held. The costs of the interpreters and translators shall be borne by the parties equally, unless the parties have reached some other agreement on allocation of the costs.
5.Each party shall cooperate in good faith with the Mediator, including but not limited in the Mediator’s requests to the parties for the exchange of documents and in the Mediator’s efforts to advance the mediation as expeditiously as possible.
1. Upon the termination of the Mediation, the Mediator shall promptly send to ADRO a notice in writing that the Mediation is terminated and shall indicate the date on which it terminated, whether or not the Mediation resulted in a settlement of the dispute and, if so, whether the settlement was full or partial. The Mediator shall send to the parties a copy of the notice so addressed to ADRO.
2. The ADRO shall keep the said notice of the Mediator confidential and shall not, without the written authorization of the parties, disclose either the existence or the result of the Mediation to any person.
3. The ADRO may, however, include information concerning the Mediation in any aggregate statistical data that it publishes concerning its activities, provided that such information does not reveal the identity of the parties or enable the particular circumstances of the dispute to be identified.
1. Communication between Mediator and parties
The Mediator may meet or communicate with the parties together or with each of them separately.
2. Disclosure of information
When the Mediator receives information concerning the dispute from a party, the Mediator may disclose the substance of that information to any other party to the Mediation. However, when a party gives any information to the Mediator, subject to a specific condition that it be kept confidential, that information shall not be disclosed to any other party to the Mediation.
3. Confidentiality
Unless otherwise agreed by the parties, all information relating to the Mediation proceedings shall be kept confidential, except where disclosure is required under the law or for the purposes of implementation or enforcement of a settlement agreement.
4. Admissibility of evidence in other proceedings
- An invitation by a party to engage in Mediation proceedings or the fact that a party was willing to participate in Mediation proceedings;
- Views expressed or suggestions made by a party in the Mediation in respect of a possible settlement of the dispute;
- Statements or admissions made by a party in the course of the Mediation proceedings;
- Proposals made by the Mediator;
- The fact that a party had indicated its willingness to accept a proposal for settlement made by the Mediator;
- A document prepared solely for purposes of the Mediation proceedings.
5. Preservation of privileges or proprietary information
The disclosure by a party of privileged or proprietary information to the Mediator does not waive or otherwise adversely affect the privileged or proprietary nature of the information.
Neither the Mediator, nor ADRO and its employees, nor the ADRO Committee, ADRO Appointing Committee or any other ADRO Committees shall be liable to any person for any act or omission in connection with the Mediation process, except for acts or omissions constituting fraud or gross negligence.
There shall be one Mediator, unless the parties agree that there shall be two or more Mediators.
Unless otherwise agreed by the parties at the close of the Mediation, the Mediator shall not act as an arbitrator in respect of a dispute that was or is the subject of the Mediation proceedings or in respect of another dispute that has arisen from the same contract or legal relationship or any related contract or legal relationship.
If the parties conclude an agreement settling a dispute, that settlement agreement is binding and enforceable.
[Comment: Fees and Costs, Article 11 below, will be revised after the ADRO Committee makes decisions on how to proceed with the subjects of registration (administrative) fees and source of payments to the Mediators.]
1. The party or parties filing a Request for Mediation shall include with the Request a non-refundable registration fee, as set out in the Appendix 5 hereto. No Request for Mediation shall be processed unless accompanied by the requisite payment.
2. Following the receipt of a Request for Mediation, ADRO shall request the parties to pay a deposit in an amount likely to cover the administrative expenses of ADRO and the fees and expenses of the Mediator for the Mediation proceedings, as set out in the Appendix 5. The Mediation proceedings shall not go forward until payment of such deposit has been received by ADRO.
3. In any case where ADRO considers that the deposit is not likely to cover the total costs of the Mediation proceedings, the amount of such deposit may be subject to readjustment. ADRO may stay the Mediation proceedings until the partiesmake the corresponding payments.
4. Within fifteen days (not counting weekends or national public holidays) of termination of the Mediation proceedings, ADRO shall settle the total costs of the proceedings, with such costs calculated according to the procedures in Appendix
5. At that time, ADRO shall, as the case may be, reimburse the parties for any excess payment or bill the parties for any balance required under these Rules.
5. All above deposits and costs shall be borne in equal shares by the parties, unless they agree otherwise in writing. However, any party shall be free to pay the unpaid balance of such deposits and costs should another party fail to pay its share.
6. Except as stated in paragraphs 1, 2, 3, and 5 above, each party's other expenditures and costs, if any, incurred with respect to the Mediation shall remain the responsibility of that party.
The parties to a contract may stipulate the following Mediation clause in their contract, so that mediation of a dispute between the parties arising from the contract shall be governed by the Office of the Judiciary Out-of-Court Mediation Rules (as revised from time to time), as administered by the ADRO:
Contract Clause
Where, in the event of a dispute arising out of or relating to this contract, the parties wish to seek an amicable settlement of that dispute by mediation, the mediation shall take place in accordance with the Office of the Judiciary Out-of-Court Mediation Rules applicable at the time of submission of the dispute to mediation and the conduct of the mediation shall be under the administration of the Alternative Dispute Resolution Office (ADRO) of the Office of Judiciary.
The contract clause above is an agreement by the parties to submit to Mediation all or certain disputes which have arisen or which may arise between them. This agreement may be in the form of a mediation clause in a contract or in the form of a separate contract. It may include provisions on confidentiality.
The Request for Mediation shall include:
Any proposal regarding the qualifications of a Mediator: ____________________________
________________________________________________________________________
Name of the proposed Mediator: __________________________________
List of Mediators that would be qualified to serve in the Mediation of the dispute if the other party or parties also so designated:
_____________________________
_____________________________
The Request must be sent to:
Address:
Fax:
E-mail:
[The accompanying registration fee is payable:
- by cheque to the order of the _______________________
Requestors:
_____________________________
_____________________________
The Request for Mediation shall include:
Any proposal regarding the qualifications of a Mediator: ____________________________
________________________________________________________________________
Name of the proposed Mediator: _____________________________
List of Mediators that would be qualified to serve in the Mediation of the dispute if the other party or parties also so designated:
_________________________
_________________________
The Request must be sent to:
Address:
Fax:
E-mail:
[The accompanying registration fee is payable:
- by cheque to the order of the __________________________
Requestors:
_____________________________
_____________________________
I, _______, the Mediator in the dispute between ______ and _________ will perform duties in this Mediation process pursuant to the Code of Conduct for Mediators. I have responsibilities to the parties that include, but are not limited to, honoring their right of self-determination; acting with impartiality; and avoiding coercion, improper influence, and conflicts of interest. I will also maintain an appropriate demeanor in the Mediation process, preserve confidentiality, and promote the awareness by the parties of the interests of non-participating persons. Throughout this Mediation process I will act only with principles of fairness, integrity and impartiality. I will act only according to the needs and interests of the parties and not my own. None of my actions will be performed with impropriety nor with the appearance of impropriety.
I hereby disclose the nature of all contacts, business or personal, that I have had with any of the parties, or persons connected with the parties, to this Mediation:
I hereby disclose the following actual conflicts of interest:
I hereby disclose the following potential conflicts of interest:
I hereby disclose the following all other reasons why my impartiality, neutrality, or independence might be affected during and after this Mediation:
I hereby state, after reasonable inquiry and search, that there is no reason or basis for an actual or potential conflict of interest or other fact or circumstance that would disqualify me from serving as Mediator in the subject dispute. [ _____] Check box if applicable.
From the time of my appointment as Mediator and throughout the Mediation proceedings and process, I shall without delay disclose to the parties in a written Supplemental Statement of Independence any additional or new, actual or potential conflicts of interest or reasons why my impartiality, neutrality, or independence might be affected during and after this Mediation, unless the parties have already been informed of them in writing by the Mediator.
_______________
Mediator Signature
Name and address and contact information:
Each person who is a party to the Mediation of the dispute identified below, or who is present at the Mediation, hereby agrees to be bound by this Statement of Understanding.
The Mediator indicated below has been assigned to mediate this dispute. S/he will serve as a neutral party to help the parties resolve the dispute. S/he will not act as an attorney or advocate for any party.
For each party: If you reach an agreement in Mediation, you may wish to consider having an attorney independently review the agreement before you sign it. If you do not wish to have the agreement reviewed by an attorney, you are not required to do so.
These Mediation proceedings (including any statement made in, or document prepared for, these proceedings) are privileged and shall not be disclosed in any subsequent legal or arbitral proceeding or any subsequently prepared document. No statement made in, or document prepared for, them shall be construed for any purpose as an admission against interest. The phrase "document prepared for these proceedings" shall not apply to any settlement agreement that may result from this Mediation.
Each individual who signs below agrees not to request (subpoena) the Mediator or the other party(ies) to testify regarding statements made in, or documents produced for, these Mediation proceedings. In no event shall a Mediator or a party voluntarily give such testimony.
If a settlement is reached, the agreement shall be reduced to writing and, when signed, shall be binding upon all parties to the agreement.
Please sign below to acknowledge that you have read and understand this Statement.
Printed names and Signatures of Parties in the Mediation proceeding: (Specify Title/Role for each)
Printed names and Signatures of other persons at the Mediation proceeding: (Specify Title/Role for each)
Description of dispute:
Printed Name and Signature of Mediator:
Date:
A. The party or parties filing a Request for Mediation shall include with the Request a non-refundable registration fee of _______ to cover the costs of processing the Request for Mediation. No Request for Mediation shall be processed unless accompanied by the requisite payment.
B. The administrative expenses of ADRO for the Mediation process shall be fixed at ADRO's discretion depending on the tasks carried out by ADRO. Such administrative expenses shall not exceed the maximum sum of _____________ per Mediation [or alternatively: _____________ per party].
C. The fees of the Mediator shall be calculated on the basis of the time reasonably spent by the Mediator in the Mediation proceedings, at an hourly rate fixed for such proceedings by ADRO in consultation with the Mediator and the parties. Such hourly rate shall be reasonable in amount [and shall be determined in light of the complexity of the dispute and any other relevant circumstances]. The amount of reasonable expenses of the Mediator shall be fixed by ADRO.
D. Amounts paid to the Mediator do not include any possible value added taxes (VAT) or other taxes or charges and imposts applicable to the Mediator's fees. Parties are required to pay any such taxes or charges; [however, the recovery of any such taxes or charges is a matter solely between the Mediator and the parties]. ]
E. Subject to otherwise announced by the Office of the Judiciary, the Mediation costs in (a) (b) (c) and (d) above shall not be applied or required to be paid by the parties, if :
(Niemic was a co-author and has oral permission for use)
ADRO shall have the authority to establish and maintain a roster of persons (the “Roster”) qualified under this section 5.0 and designated by ADRO to serve as Mediators in the Out-of-ADRO Mediation Program. The ADRO shall have the authority to receive applications for designation to the Roster, maintain the Roster, track and compile reports on the Mediation Program, and otherwise administer the program.
Each applicant shall submit to the ADRO a statement of professional qualifications, experience, training and other information demonstrating, in the applicant’s opinion, why the applicant should be designated to the Roster. The applicant shall submit the statement in the form attached hereto as Form A. The statement also shall set forth whether the applicant has been removed from any professional organization, or has resigned from any professional organization while an investigation into allegations of professional misconduct was pending, and the circumstances of such removal or resignation. This statement shall constitute an application for designation to the Mediation Program. Each applicant shall certify that the applicant has completed appropriate mediation training or has sufficient experience in the mediation process. Each applicant shall agree to accept at least one pro bono appointment per year. If after serving in a pro bono capacity insufficient Mediation Matters exist to allow for compensation, credit for pro bono service shall be carried into subsequent years in order to qualify the Mediator to receive compensation for providing service as a Mediator.
ADRO in its sole and absolute determination on any basis shall grant or deny an application submitted pursuant to subsection 5.2. If ADRO grants the application, the applicant’s name shall be added to the Roster, subject to removal pursuant to subsection 5.4.
Each applicant accepted for designation to the Roster shall reaffirm annually the continued existence and accuracy of the qualifications, statements and representations made in the application.
A person shall be removed from the Roster either at the person’s request or by ADRO order entered on the sole and absolute determination of ADRO. If removed by ADRO order, the person shall be eligible to file an application for reinstatement after one year.
(1) Each applicant must read the Rules of the Out-of-Court Mediation Program.
(2) If additional space is needed to respond fully to any item on this application, please set forth the response(s) on a separate page with an identification of the question number to which it responds, sign each such additional page, and attach hereto.
(3) Please send with this application a diskette that contains a true copy of this application in a version of software acceptable to ADRO.
Name: _______________________________________________________________________
Firm: ________________________________________________________________________
Office Address: ________________________________________________________________
Street ________________________________________________________________________
City State Zip Code __________________________________________________
Office Phone: ________________ Office Fax: __________________
E-Mail: ____________________________________
Bar I.D. or other Professional Association I.D. _________________________________
7. Have you been removed from any professional organization, or have you resigned
from any professional organization while an investigation into allegations of professional misconduct was pending?
Yes ____ No ____
If so, please explain the circumstances of such removal or resignation.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
8. Check the province(s) in which you are willing to conduct mediation proceedings:
_____ ______________________ _____ ________________________________
_____ ______________________ _____ ________________________________
I hereby certify that I have read the Rules of the Out-of-court Mediation Program, that I meet the qualification set forth therein for admission to the ADRO Roster of Mediators, and that I will fully comply with the relevant provisions of the Rules and ADRO internal procedures and forms and any modifications thereto, relating to out-of-court Mediation.
I will immediately contact the ADRO, and any parties for whom I have accepted appointment as a Mediator, upon learning I am no longer qualified to serve pursuant to the provisions of the Rules.
If I am applying for appointment as an attorney Mediator, I certify that I am a member in good standing of the _______ bar listed above. If I am applying for appointment as a nonattorney Mediator, I certify that I am a member in good standing of my profession.
I consent to disclosure of the information contained in this Application to ADRO personnel and to the parties and their representatives whose matters have been referred to the Out-of-court Mediation Program.
I declare under penalty of perjury that the information contained in this Application is true and correct.
Executed on _______ ___, ______ at ___________________, ____________________.
_____________________________________________
Typed or printed name
Return completed application and diskette to:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
General Qualifications
In order to be certified as a Mediator, an applicant must:
Purpose. The primary purpose of the requirement of good moral character is to ensure protection of the participants in mediation and the public, as well as to safeguard the justice system. A Mediator shall have, as a prerequisite to certification and as a requirement for continuing certification, the good moral character sufficient to meet all of the Mediator Standards of Professional Conduct as set forth in the rules.
Initial Certification. The following shall apply in relation to determining the good moral character required for Mediator certification:
- the extent to which the conduct would interfere with a Mediator’s duties and responsibilities;
- the factors underlying the conduct;
- the applicant’s age at the time of the conduct;
- the recency of the conduct;
- the reliability of the information concerning the conduct;
- the seriousness of the conduct as it relates to Mediator qualifications;
- the cumulative effect of the conduct or information;
- any evidence of rehabilitation;
- the applicant’s candor during the application process; and
- disbarment or suspension from any profession.