A. The Supreme Court of the State of Oklahoma is responsible for certifying those persons who are eligible and qualified to serve as mediators. An individual may be certified as a mediator if:
- 1. The applicant is certified pursuant to the Dispute Resolution Act, Section 1801 et seq. of Title 12 of the Oklahoma Statutes;
- 2. The applicant meets the additional requirements of the Court; and
- 3. The applicant has signed an agreement to be bound by the ethical standards set forth in Chapter 37, Appendix A of Title 12 of the Oklahoma Statutes, "Code of Professional Conduct for Mediators".
- B. Applicants who have been previously approved by the Supreme Court as voluntary mediators under the Dispute Resolution Act shall be required to attend a one day training course and comply with all other requirements for approval as a workers' compensation mediator.
C.
- 1. Once approved by the Supreme Court, mediators shall remain on the list of eligible mediators for a period of (5) years unless removed for cause or failing to complete continuing education requirements.
- 2. Mediators shall be required to complete at least six (6) hours of continuing education per two-year period in the areas of mediation and workers' compensation. This compliance shall be exclusive of any continuing education requirements of the Oklahoma State Bar Association. Proof of compliance shall be submitted to the Court and to the Director of the Courts on forms provided by the Administrator.
- 3. In addition to the continuing education requirements each certified mediator must engage in one (1) hour of peer review each year by either evaluating the performance of a peer or being evaluated by a fellow mediator. If requested to do so by the Court or the Administrator, a certified mediator may be required to conduct a maximum of two pro bono mediations. Each pro bono mediation shall be counted as five (5) hours for the purposes of satisfying the ten (10) hours of program sponsored service as required by the Rules and Procedures for the Oklahoma Dispute Resolution Act.
4.
- a. If an applicant shall fail to complete the required continuing education requirements, notice shall be sent to the mediator regarding noncompliance. The mediator shall be given 45 days to cure said noncompliance or obtain a waiver from the Administrator to cure the noncompliance if the time for compliance will take more than of 45 days.
- b. If the mediator shall fail to cure the noncompliance after receiving notice, the Administrator shall forward notice of the noncompliance to the Program Coordinator of the Dispute Resolution Program for striking the noncomplying mediator from the list of eligible mediators for worker's compensation disputes.
- 5. Grievances may be filed against a mediator for breach of the "Code of Professional Conduct for Mediators" pursuant to Chapter 37, Appendix A of Title 12 of the Oklahoma Statutes. Grievances shall be forwarded to the Director of the Courts for investigation and for action up to and including removal of a mediator from the list of eligible mediators.
Adopted by order of the Supreme Court,