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Rule 915

Rule 915: Mediation Practicum

Section Dispute Resolution
(a)   General. Before applying for approval under Rule 911, a prospective mediator must participate in an approved practicum with an approved mentor mediator. In a practicum, the approved mentor mediator evaluates whether the prospective mediator has demonstrated the required basic skills and knowledge to become an approved mediator.

(b)   Written Mentoring Agreement. Before beginning a practicum, an approved mentor mediator and the prospective mediator must enter into a written mentoring agreement. The written agreement must include:

(1)   an explanation of the approved mentor mediator’s expectations and procedures;

(2)   an explanation of any fees and costs assessed to the prospective mediator, along with accepted method of payment;

(3)   a statement confirming that the approved mentor mediator retains ultimate responsibility for any actual mediation case used in the mentoring process; and

(4)   any other information the mentor mediator deems necessary when providing a mediation practicum.

(c)   Practicum.

(1)   Provider. A practicum that qualifies under Rule 911 must be supervised or conducted by an approved mentor mediator.

(2)   Practicum Approval.

(A)   An approved mentor mediator must obtain written approval from the director before offering a practicum in an area of mediation approved under Rule 911.

(B)   A practicum must:

(i)   include at least three cases, consisting of co-mediations, mediation simulations, or a combination of co-mediations and mediation simulations; and

(ii)   be supervised or conducted by the same approved mentor mediator unless the director waives this requirement.  

(C)  The director or a designee may attend, monitor, and observe the practicum.

(d)   Approved Mentor Mediator’s Responsibilities in a Practicum.

(1)   Assessment and Feedback. An approved mentor mediator must assess and provide feedback when supervising or conducting a practicum. At a minimum, the assessment and feedback should cover the following: the process and practice of mediation, including techniques and skills; time management; agreement writing; maintaining neutrality; and ethics.

(2)   Participation. An approved mentor mediator must engage the prospective mediator in the actual practice of mediation. A prospective mediator who solely observes a mediation case without further participation will not meet this requirement.

(3)   Evaluation. At the conclusion of the practicum, the approved mentor mediator must complete an evaluation in the form and manner the director prescribes. In the evaluation, the approved mentor mediator must assess whether the prospective mediator has demonstrated the required basic skills and knowledge to be an approved mediator. The approved mentor mediator must provide a copy of the evaluation to the prospective mediator.  

[History: New rule adopted effective January 1, 2020.]
 

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