Oklahoma § 12-1825 - List of qualified mediators - Minimum requirements - Form

§ 12-1825. List of qualified mediators - Minimum requirements - Form

of order of referral.

A. A district court may maintain a list of qualified mediators

to assist the parties in selecting a mediator. In order to be

placed on any such list, an individual shall meet the following

minimum requirements:

1. Civil and commercial mediators shall:

a.

be certified pursuant to the Dispute Resolution Act,

or

b.

(1) complete a minimum of twenty-four (24) hours of

mediation training, which training has been

approved by the Mandatory Continuing Legal

Education Commission of the Oklahoma Bar

Association,

(2) observe a minimum of two (2) mediation

proceedings, and

(3) complete at least six (6) hours every other year

of continuing professional education in the area

of mediation, which education has been approved

by the Mandatory Continuing Legal Education

Commission of the Oklahoma Bar Association; and

2. Divorce and Family Mediators shall:

a.

be certified for family and divorce mediation pursuant

to the Dispute Resolution Act, or

b.

(1) complete forty (40) hours of training in family

and divorce mediation, which training has been

approved by the Mandatory Continuing Legal

Education Commission of the Oklahoma Bar

Association,

(2) conduct at least twelve (12) hours of mediation

with three (3) separate families, and

(3) complete at least six (6) hours every other year

of professional education in the area of family

mediation, or

c.

have been regularly engaged in the practice of family

and divorce mediation for at least four (4) years.

B. Nothing in this act shall preclude the parties from

agreeing:

1. To participate in any alternative dispute resolution

process, including mediation, independent of this act or any related

court order; or

2. To select a mediator not identified on any list of qualified

mediators maintained by the district court.

C. Mediators who are not certified pursuant to the Dispute

Resolution Act, upon request by the court, any party, or legal

Oklahoma Statutes - Title 12. Civil Procedure

counsel, shall provide information demonstrating the mediator's

compliance with the requirements of Section 4 of this act, and shall

agree to adhere to the Model Standards of Conduct for Mediators

approved by the Litigation and Dispute Resolution Sections of the

American Bar Association, the American Arbitration Association, and

the Society of Professionals in Dispute Resolution.

D. The following form shall be used to order mediation pursuant

to this act:

IN THE DISTRICT COURT OF ____________________ COUNTY

STATE OF OKLAHOMA

Order of Referral To Mediation

This case is ordered to mediation pursuant to the District Court

Mediation Act. Parties and legal counsel shall proceed in good

faith to resolve this case. The parties shall select and

contact a mediator or mediation program or service within five

(5) business days to make appropriate arrangements for the

mediation proceeding. Mediation shall be completed within _____

days from the date of this order.

Mediation shall be attended by persons with full settlement

authority. Both parties shall participate in mediation;

attorneys may participate as agreed by the parties and the

mediator. Named parties shall be present except for a named

party who has no interest in the outcome and no settlement

authority. Each party who is represented by legal counsel shall

be accompanied at mediation by an attorney who is fully familiar

with the case. In addition, any interested non-party, including

any insurance company or other entity that is contractually

required to defend or to pay damages, shall be represented by a

person with full settlement authority.

Added by Laws 1998, c. 321, § 5, eff. Nov. 1, 1998.