N.H. Admin. Code § Fam 303.05

Current through Register No. 50, December 12, 2024

Section Fam 303.05 - Core Mediation Training

Core mediation training shall include the following components of mediation knowledge and skill:

(a) Procedures to be used by mediators for gathering information from mediation parties, from the parties' records and from outside sources such as attorneys, appraisers, accountants, and therapists;

(b) Relationship skills, including, but not limited to:

(1) Contracting to supply mediation services;

(2) Expressing impartiality;

(3) Maintaining neutrality as to the mediation parties; and

(4) Adhering to principles of confidentiality;

(c) Communication skills which facilitate negotiation and cooperation between the mediation parties;

(d) Facilitation of problem-solving between the mediation parties relative to parental rights and responsibilities, parenting plans, child and spousal support, division of assets and liabilities, tax filings, and other topics of potential dispute in the context of divorce;

(e) Theories of, and current research on, conflict and conflict resolution, and their applicability to family mediation;

(f) The impact of differences in culture, gender, ethnicity, religion, and race on mediation;

(g) Training of at least 3 hours in the ethical practice of mediation, including the use of the "Model Standards of Practice for Family and Divorce Mediation" developed by The Symposium on Standards of Practice and finalized on August 5, 2000, and available as noted in Appendix II;

(h) Mediation theory and history;

(i) Mediation skills taught in-part through participation in at least 10 hours of role playing;

(j) Family relationships, including family interactions in the divorce and post-divorce family structures;

(k) Budgeting and financial planning relative to separation and divorce;

(l) Stages of child development and the effects of divorce on children;

(m) Recognition of incapacitation or unwillingness of a party to engage or proceed in mediation, such as those which arise from alcohol and other substance abuse, personality disorders, depression, fear, anxiety, intimidation, and the inability to comprehend the issues to be discussed in mediation;

(n) Knowledge of domestic violence taught through training of at least 4 hours;

(o) Federal laws affecting divorce, including tax consequences of divorce and the division of retirement benefits; and

(p) Professional resources for mediators, such as professional associations and publications.

N.H. Admin. Code § Fam 303.05

#7917, eff 7-11-03; ss by #8719, eff 11-1-06; ss by #8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300)

Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12634, Effective 10/2/2018, Expires 10/2/2028.