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Rule 4-510.04. ADR training.

Intent: To establish course content, methodology and trainerqualifications for Court-approved 40-hour Basic Mediation Training and toestablish a process for certification of training programs.

Applicability: This rule applies in the district court.

Statement of the Rule:

(1) Course content requirements. Any trainer or training programseeking to offer a mediator training program that fulfills the Court's 40-hourmediator training requirement must abide by the following:

(2) Submission of training materials. When applying for certificationand renewal, training programs shall provide the ADR Office at the AOC with alltraining materials which will be used in the training program. These materialsshall include, but are not limited to, the following: the training manual thatis given to the participants including the required readings; all exercises andhandouts. Revisions, deletions and/or additions to the previously approvedtraining materials must be reported to the Office prior to conducting anycourse.

(3) ADR syllabus approval. In addition to submission of trainingmaterials, each training program must seek approval of its syllabus from theOffice 20 working days in advance of each offering of a certified mediationtraining program. The syllabus shall be reviewed by the Office for compliancewith the training standards. The syllabus must be submitted in a format thateasily identifies the presentation topic, the trainer(s) for each topic, thetime allotted to each topic, any training activities, and the inclusion of thebreak times. The Office shall notify the trainer or training program of anydeficiencies no later than 10 working days before the program is to be offered.Any deficiencies in the program syllabus shall be corrected prior to thecommencement of the training program.

(4) Readings. All training programs must provide the participants withcopies of Rule 4-510 UCJA, Rule 104 (the ethical code),Title 78B, Chapter 6,Part 2, Alternative Dispute Resolution Act, and Title 78B, Chapter 10, UtahUniform Mediation Act. Time spent reading the required materials may not counttowards the required number of hours of training and can be completed by participantsat times when the training program is not being conducted. Trainers shallincorporate in this program some method of ensuring that the required readingsare completed.

(5) Ethics Training. Training programs shall review with participantsRule 104 Code of Ethics for ADR Providers. In addition, ethics shall be woventhroughout the program.

(6) Training Methodology:

(4)(A)(ii)(a) (6)(A) Pedagogy. The program shall include, but is notlimited to, the following: lecture, group discussion, written exercises,mediation simulations and role plays. In addition, outside readings should beprovided by the trainer to supplement the training.

(6)(B) Mediation Demonstration. All training programs shall present arole play mediation simulation (either live or by video) prior to theparticipant's role play experience as the mediator.

(6)(C) A primary trainer must be in attendance during the entiretraining program. It is preferable that a single primary trainer fulfill thisobligation, but it is permissible that this be accomplished by more than oneprimary trainer.

(6)(D) Participant attendance: Participants must complete theirtraining requirement by attending one entire program. The primary trainer isresponsible for ensuring that the approved syllabus is complied with. Under nocircumstances may a participant be excused from attending portions of thetraining; any portion of training missed shall be made up as directed by theprimary trainer.

(7) Trainer Qualifications. Training programs shall employ a primarytrainer who meets the applicable qualifications of a primary trainer and whohave been approved by the Office. In order to be approved as a primary trainer,a trainer must demonstrate the following qualifications:

(7)(A) Successful completion of a minimum of 40 hours of mediationtraining.

(7)(B) Participation in a minimum of 300 hours of mediation acting asthe mediator.

(7)(C) Completion of 6 hours of continuing mediator education in thelast year.

(7)(D) Primary trainers are approved for a three (3) year period.