§ 12-1833. Options to operating a mediation program or referring matters exclusively to mediators or programs qualified under the Dispute Resolution Act.  


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  • Nothing in the Choice in Mediation Act shall require any such county, municipality, accredited law school, school district, board, commission, department, or agency of this state or its political subdivisions to operate a mediation program under the auspices of the Dispute Resolution Act or to refer matters for mediation exclusively to mediators or programs qualified under the Dispute Resolution Act.  Instead, any such entity may elect to do one or more of the following:

    1.  Utilize mediators certified under the Dispute Resolution Act or qualified under the District Court Mediation Act;

    2.  Specify required training in addition to that required for certification under the Dispute Resolution Act or qualification under the District Court Mediation Act in order to receive referrals or disputes for mediation;

    3.  Maintain a list of qualified mediators to whom it may refer disputes for mediation;

    4.  Contract with the Administrative Office of the Courts to provide training for a fee for mediators to whom it may refer disputes for mediation;

    5.  Refer disputes to a center under the Dispute Resolution Act to be mediated under the rules and procedures applicable to such center;

    6.  Elect to be treated as a center for all purposes under the Dispute Resolution Act and make appropriate application pursuant to the Dispute Resolution Act;

    7.  Contract with another public agency providing mediation services under the Choice in Mediation Act or with a private individual, company, or organization, whether for-profit or not-for-profit, to provide mediators or mediation training or both, so long as the contracting entity requires certification of mediators under the Dispute Resolution Act, or qualification of mediators under the District Court Mediation Act, if applicable; or

    8.  Utilize a mediator of the parties’ choice.

Added by Laws 2002, c. 468, § 13, eff. Nov. 1, 2002.