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Arbitrators, Mediators, and Conciliators

Special Requirements

In Virginia, mediators may be certified pursuant to the Guidelines for the Training and Certification of Court-Referred Mediators established by the Judicial Council of Virginia. You must have earned a minimum of a Bachelor's Degree to qualify for certification as a court-referred mediator in Virginia. You may apply for a waiver of this requirement by submitting a letter to Dispute Resolution Services, describing your relevant work and life experience. The letter must be accompanied by a resume and two letters of recommendation that address your oral and written communication skills. Additional information may be requested. If certification is your objective, you should seek a waiver prior to beginning mediation training.

Mediators may be certified in four categories: General District Court (GDC), Circuit Court-Civil (CCC), Juvenile and Domestic Relations District Court (J&DR), and Circuit Court-Family (CCF).

Application for Certification as a Mediator

1. An applicant for certification shall make application to the Office of the Executive Secretary of the Supreme Court of Virginia on OES Form ADR-1000A. Form ADR-1000A shall be made available through the Office of the Executive Secretary.

2. An application for certification shall be accompanied by an administrative handling fee of $15.00

3. An applicant for certification shall have a bachelor’’s degree from an accredited college or university or shall submit evidence of relevant experience and qualifications sufficient to support certification.

4. All certification requirements must be met and an application submitted within twenty-four months after completion of the mediation training necessary for the certification type being sought. Waivers of this requirement may be granted upon special request to the Office of the Executive Secretary at which time additional or advanced training may be required to offset the waiver.

Documentation required to complete OES Form ADR-1000 includes:

a. statement of educational background;

b. evidence of successful completion of appropriate mediation training for level of certification requested within 24 months prior to application; evidence of completion of observation/mentorship requirements;

d. evaluations by trainers;

e. evaluations by certified Mentors with specific recommendations that the applicant be certified and statements to support such recommendation;

f. statement of experience/areas of expertise;

g. statement of adherence to ethical standards; and

h. statement certifying accuracy of information contained in application.

5. Notification of certification shall be made through letter and certificate. A letter denying certification shall state the grounds for the denial and make reference to the right of the applicant to request reconsideration or an opportunity to be heard by making a written request to the Executive Secretary of the Supreme Court of Virginia within 30 days of receiving notification of denial of certification. Within 15 days of reconsideration and, if requested, a hearing, the Executive Secretary shall render a final decision on certification.

6. Individuals who have been convicted of a felony or misdemeanor involving moral turpitude, or who currently have a professional license revoked, shall be denied certification.

7. Applications for certification shall be acted upon by the Office of the Executive Secretary of the Supreme Court of Virginia. Any applicant denied certification shall have the right to request reconsideration of such denial as described in section B. 5.

8. An applicant denied certification may reapply for certification after six months from the date of the final denial.

Training Requirements

1. General District Court Mediation: An applicant for certification in General District Mediation to mediate cases filed in General District Court, must submit evidence of successful completion of 20 hours of training in basic mediation skills offered by a certified trainer. See also C.5 for a description of the required Virginia’s judicial system training as well as the mentorship requirements set forth in D. below.

2. Juvenile and Domestic Relations District Court Mediation: An applicant for certification as a Juvenile and Domestic Relations District Court Mediator to mediate cases filed in Juvenile and Domestic Relations District Court, must demonstrate successful completion of 40 hours of mediation training. This training must be 20 hours of basic mediation training and 20 hours of training in family mediation, provided by a certified trainer. The training may also be received in one 40-hour certified family mediation course. See also C.5 and C.6 for a description of the required Virginia’s judicial system training and domestic abuse training as well as the mentorship requirements set forth in D below.

3. Circuit Court-Civil Mediation: An applicant for certification in Circuit Court-Civil to mediate non-family cases filed in the Circuit Court must submit evidence of successful completion of 40 hours of mediation training. The training must be 20 hours of basic mediation training and 20 hours of advanced training in skills necessary to handle procedurally complex cases provided by a certified trainer. The training may also be received in one 40-hour certified mediation course. See also C.5 for a description of the required Virginia’s judicial system training as well as the mentorship requirements set forth in D below.

4. Circuit Court-Family Mediation: An applicant for certification in Circuit Court-Family to mediate family cases filed in the Circuit Court must submit evidence of successful completion of 52 hours of mediation training. The training must be 20 hours of basic mediation training, 20 hours of family mediation training, and 12 hours of advanced mediation training in family finance and economic issues including equitable distribution and spousal support. The training may also be received in combined certified mediation course units. See also C.5 and C.6 for a description of the required Virginia’s judicial system training and domestic abuse training as well as the mentorship requirements set forth in D below.

5. Virginia Judicial System Training: An applicant for certification at all levels must also submit evidence of successful completion of at least four hours of additional certified training in Virginia’s judicial system or experience sufficient to justify a waiver of this requirement. Members of the Virginia State Bar do not have to take this additional training.

6. Domestic Abuse Training: In addition to the training in the family area, an applicant for certification as a Juvenile and Domestic Relations District Court Mediator as well as a Circuit Court-Family Mediator must have eight hours of certified training or education in screening for and dealing with domestic violence, or must demonstrate sufficient experience or familiarity with dealing with domestic violence in the mediation context to justify a waiver of the training requirement. While family mediation training courses must also include information on domestic violence, this requirement cannot be met through that training.

7. For purposes of these Guidelines, a Circuit Court case, whether family or general, is a case that is filed in Circuit Court or a case that meets the jurisdictional requirements of the Circuit Court.

Observation and Co-Mediation Requirements

1. General District Court Mediation: In addition to meeting the training requirements set forth in C., above, applicants must submit evidence of successful completion of:

a. observation of at least two complete cases, either general or family, conducted by certified Mentor(s); or,

b. where applicants encounter difficulty in meeting the requirement of two observations, successful completion of an additional eight-hour certified training in mediation practice during which the applicant has the opportunity to observe two mediations, either general or family, at least one of which is a live demonstration and conducted by a certified Mentor; and,

c. supervised co-mediation of at least 5 hours of mediation including a minimum of three complete general cases, evaluated by certified Mentor(s), such evaluation to include a recommendation by the certified Mentor(s) as to whether the applicant should be certified along with reasons for the recommendation.

During the course of meeting the Observation and Co-mediation requirements, the following guidelines apply:

a. Basic mediation training must be completed before mentorship may begin. It is recommended, but not required, that Judicial training also be completed prior to beginning the mentorship.

b. The observations must be completed before the co-mediations and will not be waived.

c. The final mediation must be conducted primarily by the mentee.

d. At least one memorandum of understanding/agreement must be submitted with the application for certification for which the mentee was the primary scrivener.

e. OES may require applicants to conduct more than three co-mediations depending upon the evaluations of the Mentor(s).

2. Juvenile and Domestic Relations Mediation: In addition to meeting the training requirements set forth above in C., when the application is for certification as a Juvenile and Domestic Relations District Court Mediator, applicants must submit evidence of successful completion of:

a. observation of at least two complete family cases conducted by certified Mentor(s); or,

b. where applicants encounter difficulty in meeting the requirement of two observations, successful completion of an additional eight-hour certified training in domestic relations mediation practice during which the applicant has the opportunity to observe at least two family mediations, one of which must be a live demonstration and conducted by a certified Mentor; and,

c. supervised co-mediations of at least ten hours of family mediation including a minimum of five complete family cases, evaluated by certified Mentor(s), such evaluation to include a recommendation by the certified Mentor(s) as to whether the applicant should be certified along with reasons for the recommendation.

During the course of meeting the Observation and Co-mediation requirements, the following guidelines apply:

a. Basic Mediation training must precede any family mediation training. Family mediation training must be taken before one can co-mediate family cases which are intended to be used towards meeting the Juvenile and Domestic Relations District Court co-mediation requirements. It is recommended, but not required, that Domestic Abuse training and Judicial training be taken prior to beginning the family mentorship.

b. The observations must be completed before the co-mediations and will not be waived.

c. The final co-mediation must be conducted primarily by the mentee.

d. During the course of meeting the co-mediation requirements, applicants must obtain experience in the following areas: parenting and visitation issues and child-support matters. No more than two of the five required co-mediations may be in other areas involving children and families, such as: parent-child mediation, peer mediation, juvenile delinquency mediation, special education mediations, or dependency (foster-care/adoption) mediation.

e. The mentee must complete at least one child support worksheet as part of a co-mediation and should submit it with the application for certification.

f. At least one memorandum of understanding/agreement must be submitted with the application for certification for which the mentee was the primary scrivener.

g. OES may require applicants to conduct more than five co-mediations based on the evaluations of the Mentor(s).

3. Circuit Court-Civil Mediation – In addition to meeting the training requirements set forth above in C., when application is for certification as a Circuit Court-Civil Mediator, applicants must submit evidence of successful completion of:

a. observation of at least two complete Circuit Court-Civil cases, either general or family, conducted by certified Circuit Court-Civil Mentor(s); or,

b. where applicants encounter difficulty meeting the requirement of two observations, successful completion of an additional 8-hour certified training in mediation practice in which the applicant observes two Circuit Court-Civil cases, either general or family, one of which must be a live demonstration and conducted by a certified Circuit Court-Civil Mentor; and

c. supervised co-mediation of at least ten hours of mediation including a minimum of five complete Circuit Court-Civil (non-family) cases, evaluated by certified Mentor(s), such evaluation to include a recommendation by the certified Mentor(s) as to whether the applicant should be certified along with reasons for the recommendation.

During the course of meeting the Observation and Co-mediation requirements, the following guidelines apply:

a. Basic and Circuit Court-Civil Mediation training must be completed before mentorship may begin. It is recommended, but not required, that Judicial training also be completed prior to beginning the mentorship.

b. Mediators certified as a General District Court Mediator who later apply for Circuit Court-Civil Certification must complete the training requirements for Circuit Court-Civil Mediation described in Section C., as well as observe one Circuit Court-Civil mediation case, either general or family, and co-mediate two Circuit Court-Civil cases (non-family) in order to meet the training and mentorship requirements for Circuit Court-Civil Mediation Certification. Mediators who have qualified for and received the Advanced Civil Certificate will automatically be qualified as Circuit Court-Civil Mediators.

c. The observations must be completed before the co-mediations and will not be waived.

d. The final mediation must be conducted primarily by the mentee.

e. At least one memorandum of understanding/agreement must be submitted with the application for certification for which the mentee was the primary scrivener.

f. OES may require applicants to conduct more than five co-mediations depending upon the evaluations of the Mentor(s).

4. Circuit Court-Family Mediation- In addition to meeting the training requirements set forth above in C., when application is for certification as a Circuit Court-Family Mediator, applicants must submit evidence of successful completion of:

a. observation of at least two complete Circuit Court-Family cases conducted by certified Circuit Court-Family Mentors; or

b. where applicants encounter difficulty meeting the requirement of two observations, successful completion of an additional 8-hour certified training in mediation practice in which the applicant observes two Circuit Court-Family cases, one of which must be a live demonstration and conducted by a certified Circuit Court-Family Mentor; and

c. supervised co-mediation of at least ten hours of family mediation including five complete Circuit Court-Family cases, evaluated by certified Mentor(s), such evaluation to include a recommendation by the certified Mentor(s) as to whether the applicant should be certified along with reasons for the recommendation.

During the course of meeting the Observation and Co-mediation requirements, the following guidelines apply:

a. Basic Mediation training must precede any Family mediation training. The Family Mediation training and Circuit Court-Family training must be taken before one can co-mediate family cases which are intended to be used towards meeting the Circuit Court-Family co-mediation requirements. It is recommended, but not required, that the Domestic Abuse and Judicial training be taken prior to beginning the Circuit Court-Family mentorship.

b. Mediators certified as a Juvenile and Domestic Relations District Court Mediator who later apply for Circuit Court-Family Certification must complete training requirements for Circuit Court-Family Mediation described in Section C., as well as observe one Circuit Court-Family case and co-mediate two Circuit Court-Family cases in order to meet the training and mentorship requirements for Circuit Court-Family Mediation. Mediators who have qualified for and received the Advanced Family Certificate will automatically be qualified as Circuit Court-Family Mediators.

c. The observations must be completed before the co-mediations and will not be waived.

d.The final mediation must be completed primarily by the trainee.

e. During the course of meeting the co-mediation requirements, applicants must obtain experience in equitable distribution and support matters.

f. The mentee must complete at least one child support worksheet as part of a co-mediation and submit it with the application for certification.

g. At least one memorandum of understanding/agreement must be submitted with the application for certification for which the mentee was the primary scrivener.

h. Applicants may be required to conduct more than five co-mediations based on the evaluations of the Mentor(s).

5. Explanation of Observation/Co-Mediation Requirements:

a. A complete case is one which, whether one mediation session or more than one session, is long enough and includes enough stages of the process to allow the trainee to demonstrate competence in mediation skills. If the certified mediator acting as Mentor/co-mediator is unable to determine the mentee’s competence (whether because the mediation was too brief or for any other reason), the certified Mentor should not make a recommendation as to certification.

b. It is not necessary for the mediation to end in agreement for the case to be considered complete. An applicant will not be eligible for certification, however, if he or she has not had the opportunity to participate in finalizing any mediated memoranda of agreements.

c. A mediator certified as a Circuit Court-Civil Mediator may also mediate cases arising in the General District Court. A mediator certified as a Circuit Court-Family Mediator may also mediate cases arising in the Juvenile and Domestic Relations District Court. A General District Court Mediator seeking certification as a Circuit Court-Civil Mediator must complete the training/mentorship requirements listed in Section D.3.b and a Juvenile and Domestic Relations District Court Mediator seeking certification as a Circuit Court-Family Mediator must complete the training/mentorship requirements listed in Section D.4.b. Certification as a General District Court Mediator or Circuit Court-Civil Mediator does not qualify one to be a Juvenile and Domestic Relations District Court Mediator or Circuit Court-Family Mediator and vice-versa.

d. Successful completion shall be demonstrated through copies of evaluations completed by the certified Mentors to be attached to OES Form ADR-1000. Evaluations should indicate at a minimum: the nature of the work or training observed; the length of time observed; whether the trainee participated in the finalizing of a memorandum of agreement; and, the opinion of the certified mediator as to the level of ability of the trainee. Evaluation Form ADR-1001 is available through the Office of the Executive Secretary.

e. A dispute resolution orientation session is not considered a mediated case for certification purposes.

6. Certified mediators who meet the qualifications to be a Mentor are encouraged to provide supervision, evaluation, and mentorship to individuals seeking certification.

7. At the conclusion of every mediation, the parties to the mediation shall be given an evaluation form (OES Form ADR-1002) and asked to complete the form and return it to the mediator or the mediation program, or to forward it directly to the Office of the Executive Secretary. The substance of the responses provided on these forms may be considered by the Office of the Executive Secretary in making determinations regarding the continuing certification of the mediator.

For More Information:

http://www.courts.state.va.us/courtadmin/aoc/djs/programs/drs/mediation/home.html

The data sources for the information displayed here include: Virginia Career VIEW Research. (Using onet28)