§ 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 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.