Kings — How to become a Civil Mediator

Source: https://www.kings.courts.ca.gov/system/files/general/how-become-civil-mediator.pdf

How to Become a Civil Mediator

Overview

As a resource and service to the public, Kings County Superior Court maintains a panel of Civil Mediators who have:

• Met qualifications set by the court - if as a mediator, either by training or alternative mediator qualifications as set forth below. • Completed the court’s application process. • Agreed to comply with all applicable ethics requirements and rules of court; and • Agreed to serve as an ADR neutral on a pro bono or reduced fee basis in at least one (1) case per year, not to exceed 8 hours, if so requested by the court.

Mediator Qualifications

Qualifications for placement on the Civil Mediator list as a mediator have been developed by the Court. These qualifications are:

• Legal Education/Training: Licensed to practice law in the State of California.

• Mediation Training: Potential mediators must have completed 40 hours of mediation training that meets the requirements of (1) and (2) at any time and completed at least 7 hours of continuing or advanced mediation training covering at least one of the topics listed in (1) or (2) within the past two years.

(1) At least 32 of the 40 hours of training required under must be in the form of a
single, comprehensive, mediation training program. The curriculum for this
comprehensive training must include:

o Conflict, communication, and mediation theory.
o Stages of the mediation process.
o Mediation and communication skills and techniques.
o Mediator ethics.
o The law governing mediation, including mediation confidentiality; and
o Observation of mediation demonstrations and participation in role-playing.

(2) The 40 hours of mediation training required must also include training on:

o The Rules of Conduct for Mediators in Court-Connected Mediation
Programs for Civil Cases.
o Cultural and gender issues in mediation; and
o Issues concerning the role of mediators in the preparation of mediated
agreements.

• Mediation Experience: After completion of the 40 hours of mediation training, potential mediators, who have no prior mediation experience, must have completed:

(1) At least two mediations of at least 2 hours in length:

a. Either co-mediated with a mentor mediator or observed by a mentor
mediator; and

b. Evaluated by the mentor mediator.

• References: Must submit at least two (2) references or evaluations from individuals
who participated in mediations conducted by the applicant.
• Continuing Eligibility: Must complete at least seven (7) hours of continuing
education/training covering any of the topics listed above in the subheading
Training, with (1) hour in ethics, every two (2) years, and upon request, submit
proof of the same; and mediate at least two (2) cases per year in the court’s
mediation program.
• Review: Must review profile information and hourly rate yearly and update the
court on any changes. Failure to maintain current information is grounds for
removal from the list.

Determination of qualifications to be placed on the court’s Civil Mediator list and/or retention or removal from the list, is at the sole discretion of the Civil Mediation Program Administrator and Presiding Judge of the Kings County Superior Court.

Alternative Qualifications

An applicant who does not meet all of the training requirements for a mediator above may still qualify for placement on the court’s panel if the applicant provides evidence of sufficient education, training, skills, and experience satisfactory to the court’s Civil Mediation Program Administrator and Presiding Judge.

Arbitrator Qualifications

Qualifications for placement on the Civil Mediator list for non-judicial, binding arbitration of civil disputes are completion of the court-approved application packet; attorney with five (5) plus years of experience in the relevant area of law; and two (2) case participant reference evaluations.

Determination of qualifications to be placed on the court’s Civil Mediator List and/or retention or removal from the list, is at the sole discretion of the Civil Mediation Program Administrator and Presiding Judge of the Kings County Superior Court.

How to Apply

Application materials are available from Kings County Superior Court Administration Office or on the court’s website. A completed application shall include:

• Completed Application Form.

• Current resume or Curriculum Vitae

• Completed Mediator Statement of Agreement.

• Completed Verification of Civil Mediation Experience, or, if applicable, a completed Alternative Qualification Request Form.

• Verification of mediation training by copy of certificate of completion or letter from the training institution, or if applicable, a completed Alternative Qualification Request Form.

All information provided may be researched and/or verified by the court. Applicants are solely responsible for furnishing and verifying all information provided to the court as well as updating their information as necessary.

Once an applicant has been accepted by the court as a Civil Court Mediator the applicant must complete The Mediator Profile Form.

Application Process Contact Information

Name: Hope Hernandez, Civil Mediation Program Administrator

Address: Kings County Superior Court 1640 Kings County Drive Hanford, CA 93230 Phone: (559) 582-1010, Ext. 6003

Fax: (559) 585-3265

E-mail: hhernandez@kings.courts.ca.gov

Superior Court of California County of Kings

Mediator Application

General Information

Name: _______________________________________________________________________

Occupation:______________________ Employer: ____________________________________

Address: ______________________________________________________________________

City: _______________________________ State: ______ Zip Code: ______________________

Tele: _____________ Fax: _____________ Cell: ____________ Email: ____________________

Education Undergraduate School/College (school, state, degree, date awarded):_____________________

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Graduate/Law School (school, state, degree, date awarded):________________________

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Attorney Bar #:_________________________________________________________________

Other Professional Licensure (licensing agency, state, #):__________________________

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Qualifying Training (Completion of applicable minimum hours of specified Mediation training, attach proof of completion, include institution names, program titles, dates, and hours completed.) _____________________________

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Qualifying Experience (Identify at least two (2) cases mediated by case name, case number, whether agreement or no agreement was reached, a brief summary of the case and length of time in mediation.

Areas of Emphasis (Check all areas you claim expertise or special experience)

Bankruptcy Government (Public) Business/Contract Health Care Civil Rights Intellectual Property Complex Litigation Insurance/Bad Faith Conservatorships Landlord/Tenant Construction Medical Malpractice Employment/Labor Personal Injury Environmental Product Liability Entertainment Professional Malpractice Family Law Probate/Wills, Trusts, Estates Real Property Other (Identify):____________________________________________________

Multi-Lingual Abilities (List all languages other than English in which you can conduct an Mediation process.):_____________________________________________________________________________________

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Insurance Carrier (if any):_________________________________________________

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Have you ever been convicted of a felony or a misdemeanor involving moral turpitude? If so, explain:_______________________________________________________________________

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Have you ever been refused bond? If so, explain:________________________________

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Other Relevant Information:_________________________________________________

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( ) Attached resume

By my signature below I declare and certify under penalty of perjury that the information provided in this application is accurate and complete and I authorize the court to make any information contained in this application available to the public through the court’s website or through other means.

Signature:_______________________________ Date:__________________________

Superior Court of California County of Kings

Mediator Statement of Agreement

1. I certify that I meet the minimum qualifications to serve on the Civil Mediation list for

Kings County Superior Court, and that I have submitted a completed application including the requested documentation.

2. I have read, understand, and agree to abide by all applicable ethics requirements and rules

of the court including California Rules of Court 3.850 through 3.859.

3. I understand that I am required and may be requested to serve as a civil neutral on a pro

bono or modest means basis.

4. I agree to hold harmless from any claims arising out of my service as a civil neutral the

County of Kings and any of its assigns and/or employees acting in their official capacity.

5. I agree to comply with procedural requirements of the court, including timely submission

of documents and evaluations that may be requested or required.

6. I understand that all or a portion of the information contained on my application may be

included on the court’s website and other public information sources. I agree to provide the court with current information and correct fees. I understand that the court will make a reasonable effort to ensure accuracy in providing this information to the public via its website or other means.

7. I agree to work professionally, cooperatively, and respectfully with the court, court staff,

counsel, and parties to assist in the successful operation of the civil mediation program, and to bring to the attention of court staff any issues I believe should be addressed.

8. I understand that at any time, the court may make changes to the requirements to serve on

a civil mediation panel, and that to continue to serve as a civil mediator, I must comply with any modifications to these requirements.

9. I agree to disclose experience with this or another court as a pro tem judge, as requested by

the court. I also understand that I cannot use my role as a pro tem judge to refer clients to my mediation service.

I, ________________________ certify and declare under penalty of perjury under the laws of the State of California that I have read, understand, and agree to abide by the requirements to serve as civil mediator for the Superior Court of California, County of Kings.

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Signature Date

VERIFICATION OF CIVIL MEDIATION EXPERIENCE

Kings County Superior Court Civil Mediation Program

Name: Date:

Please provide the following information concerning at least two (2) cases mediated within the past year. Please note that this experience should occur after completion of a 40-hour mediation training course or, if applicable, other sufficient training/experience as evidenced in the Alternative Qualification Request.

Case No. _____________________ Mediation Date(s) _________________________________

Name of Plaintiff(s): ____________________________________________________________

Name of Defendant(s): ___________________________________________________________

Brief Case Description: __________________________________________________________

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The mediation resulted in (please check one):

Full Settlement Partial Settlement No Settlement Total # of Hours

Mediating (minimum of two (2) hours required): _________

Case No. ______________________ Mediation Date(s) _________________________________

Name of Plaintiff(s): _____________________________________________________________

Name of Defendant(s): ___________________________________________________________

Brief Case Description: ____________________________________________________

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The mediation resulted in (please check one):

Full Settlement Partial Settlement No Settlement Total # of Hours

Mediating (minimum of two (2) hours required): _________

ALTERNATIVE QUALIFICATION REQUEST

Kings County Superior Court Mediator Program

Name:______________________________ Date:_________________

An applicant seeking placement on the Civil Mediator list who does not meet all of the education, training, and experience requirements may still qualify if the applicant provides evidence of other sufficient education, training, skills and/or experience satisfactory to the court’s Civil Mediation Program Administrator and Presiding Judge. Examples may be an extensive background in civil litigation which has afforded opportunity for mediation skills development, or the applicant is a retired judicial officer with civil case experience. Please describe in detail below (and attach separate sheet if necessary) such other education, training, experience and/or skills:

Kings County Superior Court Mediator Profile

Name:

Address:

Phone:

Fax:

Email Address:

Fee:

Administrative Costs:

Expenses:

Deposit:

Cancellation/Continuance Policy:

Payment Responsibility:

Mediation Experience (Years, # of Cases, Subject Matter

Covered):

Areas of Emphasis/Experience:

Additional Information: