Section 14 - Rule 31 MediatorsNo person shall act as a Rule 31 Mediator without first being listed by the ADRC. To be listed, an applicant must:
1) submit an application and pay application fees set by the ADRC;2) [Effective November 1, 2019] comply with the qualification and training requirements set forth in this section. All training must have been approved by the ADRC as set forth in subsection (f) and must have been completed within the six years immediately preceding the application seeking Rule 31 Mediator listing;3) certify in writing an intention to comply with the conditions and obligations imposed by Rule 31, including those requirements related to pro bono obligations;4) submit two character references evidencing good character and suitability for the practice of mediation;5) disclose convictions for any felony or for a misdemeanor involving violence, dishonesty or false statement if such conviction is ten years old or less as provided in Tennessee Rule of Evidence 609;6) If the applicant's profession requires licensing, the applicant shall also provide documentation that the applicant is in good standing or possesses a valid license with the Board or Agency charged with issuing licenses to practice in the applicant's profession. Failure to pay board or agency dues when there is no intent by the applicant to practice in the licensed occupation or profession in the jurisdiction of licensure shall not constitute a lack of good standing for purposes of Rule 31;7) If the applicant has held a professional standing which requires licensing, the applicant shall also provide documentation of the applicant's complete disciplinary history including closed and open grievances for each license the applicant has held. The applicant must not have a disciplinary history with the Board or Agency charged with issuing licenses to practice in any such profession that would demonstrate an unsuitability for the practice of mediation. If the applicant has been licensed at one time and is no longer licensed in his/her occupation or profession due to disciplinary reasons, the applicant will not be approved for listing and may reapply when his/ her license has been restored. (a) Rule 31 Mediators in General Civil Cases.(1) To be listed by the ADRC as a Rule 31 Mediator in general civil cases, one must also: (i) meet one of the following education/work experience requirements:(A) have a graduate degree plus four years of full time work experience. Full time work experience shall be defined as 35 hours or more of work per week.(B) have a baccalaureate degree plus six years of full time work experience. Full time work experience shall be defined as 35 hours or more of work per week. and
(ii) complete and provide proof of attendance of 40 hours of general mediation training which includes the curriculum components specified by the ADRC for Rule 31 Mediators in general civil cases.(b) Rule 31 Mediators in Family Cases.(1) To be listed as a Rule 31 Mediator in family cases, one must also: (i) meet one of the following education/work experience requirements: (A) have a baccalaureate degree with ten years full time work experience in psychiatry, psychology, counseling, family mediation, social work, education, law, or accounting. Full time work experience shall be defined as 35 hours or more of work per week.(B) be a Certified Public Accountant and have four years of full time work experience in psychiatry, psychology, counseling, social work, education, law, or accounting. Full time work experience shall be defined as 35 hours or more of work per week.(C) have a graduate degree and have four years of full time work experience in psychiatry, psychology, counseling, social work, education, law, or accounting. Full time work experience shall be defined as 35 hours or more of work per week.(ii) complete and provide proof of attendance of 40 hours of training in family mediation which includes the curriculum components specified by the ADRC for Rule 31 Mediators in family cases and which also includes four hours of training in screening for and dealing with domestic violence in the mediation context; and(iii) complete and provide proof of attendance of six additional hours of training in Tennessee family law and court procedure. It is provided, however, that the ADRC may approve fulfillment of this requirement for applicants who have substantially complied with completion of at least six hours of ADRC-approved training devoted to Tennessee family law and/or procedure within the three-year period immediately prior to the completion of the requirements of Section 14(c)(1)(i) through (xii) of this Rule.(c) Content of Training Programs for Rule 31 Mediators.(1) Before being listed either as Rule 31 General Civil Mediators or as Rule 31 Family Mediators, applicants shall complete a course of training consisting of not less than 40 hours, including the following subjects: (i) Rule 31 and procedures and standards adopted thereunder;(ii) conflict resolution concepts;(iii) negotiation dynamics;(v) mediation process and techniques;(vi) communication skills;(vii) standards of conduct and ethics for Rule 31 Neutrals;(viii) community resources and referral process;(ix) cultural and personal background factors;(x) attorneys and mediation;(xi) the self-represented party and mediation; and(xii) confidentiality requirements, and any exceptions thereto as required by law.(d) Waiver of Training Requirements for Certain Rule 31 Mediators.(1) Upon petition to and acceptance by the ADRC, the following persons may be qualified as Rule 31 Mediators without first complying with training requirements set forth in Section 14(a), (b), or (c) of this Rule if they satisfy the work experience requirements as noted in this section: (i) persons holding graduate degrees who have passed a mediation course which awards at least three semester hours credit and which includes the curriculum components set forth in this Rule or their substantial equivalent as determined by the ADRC and that the mediation course has been completed within the six years immediately preceding the application seeking Rule 31 Mediator listing;(ii) trained mediators who comply with the qualifications set forth for Rule 31 Mediators in general civil cases or Rule 31 Mediators in family cases as may be determined by the ADRC with the assistance of the AOC Programs Manager, provided that their training be the substantial equivalent of that required under this Rule and that the training has been completed within six years prior to the application;(iii) if a trained mediator has complied with the qualifications for approval as a mediator by another state and such approval has been granted, and if the mediator is in good standing in such state at the time of the application for approval in Tennessee, the ADRC may, upon review of the qualifications of the applicant, waive such training requirements as required by Section 14 of this Rule; and(iv) alternative dispute resolution professors at accredited law schools or graduate schools who have taught a mediation course which awards at least three semester hours of credit for at least two semesters and which includes the curriculum components set forth in this Rule or their substantial equivalent as determined by the ADRC and that the applicant has taught the mediation course within the six years immediately preceding the application seeking Rule 31 Mediator listing.(2) Applicants for qualification as a Rule 31 Mediator under this subsection will be assessed an additional application fee for this review of their applications by the ADRC.(e) Procedure for Dual-Listing Rule 31 Mediators. The ADRC may dually list an individual listed as a Family Mediator or as a General Civil Mediator if that individual has met the requirements of Section 14(a), (b) or (c) of this Rule and has obtained such additional training in general civil or family mediation as in the judgment and discretion of the ADRC qualifies that individual to be dually listed as a General Civil Mediator and as a Family Mediator. Completion of an ADRC-approved 24-hour Civil to Family Cross-Over Training will satisfy the training requirement for listed Rule 31 General Civil Mediators applying for Family Listing. Taking the full 46-hour Family Training is not required for Dual Listing.
Completion of an ADRC-approved 16-hour Family to Civil Cross-Over Training will satisfy the training requirement for listed Rule 31 Family Mediators applying for General Civil Listing. Taking the full 40-hour General Civil Training is not required for Dual Listing.
(f) Trainer Procedure for Obtaining Curriculum Approval and Grievance Procedure.Prior to offering their courses for initial listing training, or training to be listed as a Rule 31 Family Mediator with the designation of "specially trained in domestic violence issues", all trainers are required to obtain ADRC approval of their curricula. The trainers shall apply to the ADRC for curricula approval on forms approved by the ADRC. Any complaint regarding an ADRC approved Rule 31 initial listing training or training for special designation in domestic violence, shall be sent to the AOC Programs Manager who shall forward the same to the Training Committee appointed by the Chair of the ADRC for review. The Training Committee shall review the Complaint and recommend and any action it deems appropriate to the ADRC for final determination of action to be taken, if any.(g) Procedure for Rule 31 Family Mediator's Additional Designation as "Specially Trained in Domestic Violence Issues." To obtain a designation as "Specially Trained in Domestic Violence Issues", the listed Rule 31 Family Mediator must have completed a twelve-hour course on domestic violence issues approved by the procedures outlined in subsection (f) and shall provide to the ADRC proof of attendance at the approved course. The listed Rule 31 Family Mediator may request a waiver of course attendance based upon training and/or experience determined by the ADRC to be substantially equivalent to the twelve hours of domestic violence topics approved by the ADRC.(h) Full-Time Judicial Officer and Full-Time Court Clerk prohibited from being Listed as Rule 31 Mediator. A full-time Judicial Officer or full-time court clerk may not be listed as a Rule 31 Mediator. For purposes of this Rule, a full-time Judicial Officer includes all full-time judges designated in the Tennessee Code of Judicial Conduct, Rule 10, Part I. Application, of the Rules of the Tennessee Supreme Court. For the purpose of this Rule, a full-time court clerk includes a full-time clerk and master, a full-time circuit court clerk, a full-time criminal court clerk, a full-time juvenile court clerk, and a full-time general sessions court clerk. The Commission shall not list a full-time Judicial Officer or full-time court clerk as a Rule 31 Mediator.(i) Listing of Part-time Judicial Officers. If the applicant otherwise meets the requirements of this Rule, the part-time Judicial Officers designated in the Tennessee Code of Judicial Conduct, Rule 10, Part I. Application, of the Rules of the Tennessee Supreme Court may be listed as Rule 31 Mediators, subject to the limitations found in Tenn. Sup. Ct. R. 10.