Section 15 - Additional Obligations of Rule 31 MediatorsRule 31 Mediators must maintain a current mailing address, e-mail address, and phone number with the Programs Manager of the Administrative Office of the Courts. Any change of mailing address, e-mail address, or phone number must be provided within thirty days of such change.
(a) Continuing Mediation EducationTo remain listed by the ADRC, Rule 31 Mediators shall comply with the following continuing mediation education ("CME") requirements:
(1) Courses for continuing education under this Rule may include but are not limited to, courses approved by the Commission on Continuing Legal Education & Specialization, programs approved by professional licensing agencies, programs provided by not-for-profit community mediation centers and not-for-profit mediation associations.(2) Rule 31 Mediators must complete six hours of continuing mediation education every two years. (i) General Civil Mediators - The six hours shall consist of:(A) Three hours in mediation continuing education, of which at least one hour shall be related to mediation ethics, and(B) Three hours general continuing education.(ii) Family Mediators - The six hours shall consist of:(A) Three hours in mediation continuing education, of which at least one hour shall be related to mediation ethics, and(B) Three hours continuing education in family law.(iii) Meeting the Rule 31 Family Mediator listing continuing education requirements will also meet the Rule 31 General Civil Mediator listing continuing education requirements. For dually listed Rule 31 Mediators who were not initially listed in the same year, the Mediator shall complete the hours required in Section 15(a)(2) (i-ii) of this Rule every two years based on the initial listing year of the Family listing.(3) Rule 31 Mediators who are attorneys are not exempt from the continuing mediation education requirements of Rule 31 Section 15(a)o f this Rule as a result of the age exemption for continuing legal education pursuant to Supreme Court Rule 21, Section 2.04(c).(4) [Effective November 1, 2019] Failure to comply with continuing education requirements by March 31 following the year the hours were due will result in the lapse of the Rule 31 Mediator's listing. Mediators cannot choose to have their listing(s) lapse and then have the listing(s) re-activated upon completion of CME hours that were past due.(5) A mediator whose credentials have lapsed for failure to comply with CME requirements must re-apply to the ADRC for listing and must have taken all required training per section 14. If previous training was completed prior to six years from the re-application for listing, it is no longer valid and the applicant must re-take the training pursuant section 14. CME hours for dually listed mediators are due every two years based on the initial listing year of the Family listing. Failure to renew or comply with CME requirements based on the initial listing year of the Family listing will result in the lapse of credentials for both listings. Per (a)(2)(iii) of this section, meeting the Rule 31 Family Mediator listing continuing education requirements will also meet the Rule 31 General Civil Mediator listing continuing education requirements.(b) Annual Renewal of Rule 31 Mediator Status.As a condition of continued listing, each Rule 31 Mediator must file an annual renewal form with the AOC Programs Manager stating that he/ she is in good standing with any professional licensing agency or organization, if applicable, provide proof of attendance/completion of required continuing mediation education, and must pay the annual registration fee set by the ADRC. If all requirements of a Rule 31 Mediator's annual renewal have not been completed by March 31 of the renewal year, then the Rule 31 Mediator's listing lapses. The ADRC may grant a training waiver upon appropriate application for those whose credentials have lapsed for failure to comply with CME requirements pursuant to Rule 31(15)(a), for failure to timely renew under Rule 31(15)(b), or for any other reason deemed sufficient by the Commission.(c) Pro Bono Service. As a condition of continued listing, each Rule 31 Mediator shall, if requested by a Court, conduct up to three pro bono mediations per year, not to exceed 20 total hours for all mediations. At the initiation of a pro bono mediation, the Court may, upon a showing by one or more parties of an inability to pay, direct that the Rule 31 Mediator serve without pay. No Rule 31 Mediator will be required to conduct more than three pro bono proceedings or serve pro bono for more than 20 hours in any continuous 12-month period. A Rule 31 Mediator should aspire to render a minimum of fifty (50) hours of pro bono mediation services per year.(d) Reports Required of Rule 31 Mediators.In addition to compliance with Section 5 of this Rule, Rule 31 Mediators shall be required to submit to the ADRC reports of any data requested by the ADRC as to all mediations conducted by a Rule 31 Mediator, including those mediations which are not Rule 31 Mediations. The report forms will be available on the AOC website and from the AOC. Such reports are confidential, not subject to disclosure for inspection or copying and will be maintained by the AOC for statistical compilation and analysis purposes only.(e) Procedure Upon Revocation or Suspension.(1) All listed Rule 31 Mediators subject to the provisions of this Rule, upon being subjected to revocation or suspension by any professional licensing agency or organization, within or outside the State of Tennessee, shall promptly inform the ADRC of such action in the manner prescribed herein.(2) The listed Rule 31 Mediator, within 14 days of receipt of being advised of such revocation or suspension by the professional licensing agency or organization, shall provide notification of such action to the ADRC. Such notification to the ADRC shall include a copy of any order or directive by the professional licensing agency or organization setting forth the nature and duration of such revocation or suspension.(3) In the event the discipline imposed by the professional licensing agency or organization has been stayed, any discipline imposed by the ADRC shall be deferred until such stay expires.(4) Within 30 days after notification as provided above, the ADRC shall impose identical discipline unless the listed Rule 31 Mediator appeals to the ADRC the imposition of such discipline. The ADRC shall impose identical discipline unless it finds upon the face of the record upon which the discipline is predicated:(i) That the procedure clearly was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or(ii) That there clearly was such an infirmity of proof establishing the misconduct as to give rise to the conviction that the ADRC could not, consistent with its duty, accept as final the conclusion on that subject; or(iii) That the misconduct established clearly warrants substantially different discipline. Where the ADRC determines that any of said elements exist, the ADRC shall enter such other order as it deems appropriate.
(5) In all other respects, a final adjudication by the professional licensing agency or organization that the listed Rule 31 Mediator has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding by the ADRC.(6) If the professional licensing agency or organization rescinds or otherwise terminates the revocation or suspension of a formerly listed Rule 31 Mediator, a certified copy of the agency's or organization's rescission or termination order shall constitute clear and convincing evidence of the same. Upon the removal of such revocation or suspension, an individual formerly listed as a Rule 31 Mediator under this Rule shall be entitled to apply to the ADRC for listing, under the then applicable criteria for listing.Amended by order filed October 2, 2024, effective 11/1/2024.