1 OFFICE OF THE EXECUTIVE SECRETARY SUPREME COURT OF VIRGINIA GUIDELINES FOR THE TRAINING AND CERTIFICATION OF COURT - REFERRED MEDIATORS Adopted by the Judicial Council of Virginia October 18 , 201 8 Effective Date: November 1, 20 18 STATEMENT OF INTENT: It is the desire and expectation of the citizens of Virginia to have access to a highly competent and responsive judiciary. Where the judicial system includes dispute resolution alternatives such as mediation, citizens are entitled to expect the same level of service. The following Guidelines for the Training and Certification of Court - Referred Mediators are intended to ensure that court - referred mediators also meet a high standard of competence and ethical responsibility. A. SCOPE OF THE GUIDELINES All mediators receiving referrals from a court should be certified pursuant to guidelines promulgated by the Judicial Council of Virginia. The following sets forth the eligibility requirements for certification. B. PRIVILEGE TO MEDIATE Certification to mediate confers no vested right to the holder thereof, but is a conditional privilege subject to the oversight of Dispute Resolution Services of the Office of the Executive Secretary (DRS). C. APPLICATION FOR INITIAL CERTIFICATION AS A MEDIATOR 1. Application Process a. An applicant for certification shall make application to the Office of the Executive Secretary of the Supreme Court of Virginia on OES Form ADR - 1000. Form ADR - 1000 is available on the web site at www.vacourts.gov or upon request from DRS. b. An application for certification shall be accompanied by an administrative handling fee of $25.00. Checks should be made payable to: Treasurer of Virginia. c. An applicant for certification 1) shall have a bachelor's degree from an American LegalNet, Inc. www.FormsWorkFlow.com 2 accredited college or university or 2) shall request a waiver of this requirement. If the applicant needs to request a waive r, it is recommended that the applicant do so before beginning the required coursework and mentorship process. To request a waiver, the applicant must submit a letter to DRS describing relevant work and life experience, accompanied by a re sume and two letters of recommendation that address the may be requested. d. An applicant must meet all certification requirements and submit an application within twent y - four (24) months after completion of the mediation training necessary for the desired certification, or after the first observation, whichever occurred first. DRS may grant a waiver of this requirement upon special request and may require additional or advanced training, observations and/or co - mediations as a condition of any waiver. Information and documentation required to complete OES Form ADR - 1000 includes: 1) statement of educationa l background; 2) evidence of successful completion of appropriate mediation training for level of certification requested; 3) evidence of completion of mentorship requirements; 4) evaluations by trainers; 5) evaluations by mentors, including Mentee Portfolio Forms, wi th specific recommendations that the applicant be certified and statements to support such recommendation; 6) statement of experience/areas of expertise; 7) statement of adherence to ethical standards; and 8) statement certifying accuracy of information contained i n application. e. Notification of certification shall be made through letter and certificate. A letter denying certification shall state the grounds for the denial and make reference to the right of the applicant to make a written request for reconsid eration to the Executive Secretary of the Supreme Court of Virginia within thirty (30) calendar days of the date of the notification of denial of certification. The written request must be received by the Executive Secretary within five (5) calendar days after expiration of the must include a statement as to the reasons certification is warranted. If the Executive Secretary decides it would be helpful, the Executive Secretary may co nvene a meeting as part of the reconsideration process. Meetings with the Executive Secretary are confidential. Within forty - five (45) calendar days of receipt of the written request, the Executive Secretary shall reconsider the denial. Within fifteen (1 5) calendar days of American LegalNet, Inc. www.FormsWorkFlow.com 3 reconsideration, the Executive Secretary shall render a decision on certification. A decision by the Executive Secretary is final. 2. Training Requirements a. General District Court Mediation : An applicant for certification to mediate cases filed in General District Court must submit evidence of successful completion of twenty (20) hours of training in basic mediation skills offered by a certified trainer. See also Section C.2.e. for a description of icial system training and Section C.3 for the mentorship requirements. b. Juvenile and Domestic Relations District Court Mediation : An applicant for certification to mediate cases filed in Juvenile and Domestic Relations District Court must demonstrate succ essful completion of forty (40) hours of mediation training. This training must be twenty (20) hours of basic mediation training and twenty (20) hours of training in family mediation, provided by a certified trainer. The training may also be received in one forty (40) - hour certified family mediation course. See also Sections C.2.e. training and domestic abuse training and Section C.3 for the mentorship requirements. c. Circui t Court - Civil Mediation : An applicant for certification to mediate non - family cases filed in the Circuit Court must submit evidence of successful completion of forty (40) hours of mediation training. The training must be twenty (20) hours of basic mediation training and twenty (20) hours of advanced training in skills necessary to handle procedurally complex cases provided by a certified trainer. The training may also be received in one forty (40) - hour certified mediation course. See also training and Section C.3 for the mentorship requirements. d. Circuit Court - Family Mediation : An applicant for certification to mediate family cases filed in the Circuit Court must submit evidence of successful completion of fifty - two (52) hours of mediation training. The training must be twenty (20) hours of basic mediation training, twenty (20) hours of family mediation training, an d twelve (12) hours of advanced mediation training in family finance and economic issues including equitable distribution and spousal support provided by a certified trainer. The training may also be received in combined certified mediation course unit s. See also Sections C.2.e. and C.2.f. for a description of the required Section C.3 for the mentorship requirements. American LegalNet, Inc. www.FormsWorkFlow.com 4 e. Virginia Judicial System Training : An applicant fo r certification at all levels must also submit evidence of successful completion of at least four (4) hours of certified training in Virginia's judicial system or experience sufficient to justify a waiver of this requirement. Members in good standing of t he Virginia State Bar do not have to take this training. f. Domestic Abuse Training : An applicant for certification as a Juvenile and Domestic Relations District Court mediator as well as a Circuit Court - Family mediator must have eight (8) ho urs of certified training or education in screening for and dealing with domestic abuse, or must demonstrate sufficient experience or familiarity with dealing with domestic abuse in the mediation context to justify a waiver of the training requirement. g. For purposes of these Guidelines, a circuit court case, whether family or general, is a case that is filed in Circuit Court or a case that meets the jurisdictional requirements of the Circuit Court. 3. Mentorship (Observation and Co - Mediation) Requi rements a. In addition to meeting the training requirements set forth above, applicants must submit evidence of successful completion of case observations and co - mediations, which must be conducted under the guidance of certified mediators who have mento r status. Unless otherwise stated, mentor(s) must have mentor