Continuing Mediator Education Excerpts  

from Administrative Order AOSC06-9 

In Re: Rules Governing Certification of Mediators  

Effective August 1, 2006  

. . .

II. Certification Renewal

A. Application for Renewal

Mediators seeking continued certification shall be required to file an application for renewal and a completed Continuing Mediator Education Reporting Form. Any material misrepresentation by a mediator in the renewal process shall be automatically referred to the Mediator Qualifications Board.

B. Continuing Mediator Education

The purpose of continuing mediator education (CME) shall be to enhance the participant's professional competence as a mediator. The requirement of CME and the reporting thereof shall apply to all certified mediators seeking renewal and shall be fulfilled in accordance with the following procedures:

1. General Requirement

In order to qualify as CME, a course or activity shall have significant, currentintellectual or practical content and shall constitute an organized program of learning directly related to the practice of mediation. CME shall be conducted by an individual or group qualified by practical or academic experience. All certified mediators (mediators) must complete a minimum of 16 hours of CME, which shall include a minimum four hours of mediator ethics, a minimum of two hours of domestic violence education and a minimum of one hour of diversity/cultural awareness education, in each two year renewal cycle, including the two years following initial certification. In addition, family and dependency mediators must complete an additional two hours of the required 16 hours in domestic violence education per each renewal cycle for a total of four hours. Mediator certification shall not be renewed until all CME requirements are completed.  

Mediators who are certified in more than one area must complete 16 hours of CME applicable to each of their areas of certification. Hours completed may be utilized toward more than one area of certification if the subject matter is relevant to the field(s) of certification. For example, courses on such topics as mediator ethics, domestic violence, and general mediation skills may be credited to any or all of the areas of certification.

At a minimum, 50 percent of the required CME hours must be satisfied by attendance, not as a lecturer or presenter, at a live lecture, live seminar, or an audio/video playback of a seminar attended by a group that discussed the materials presented. Interactive internet presentations may be counted as attendance at a live lecture. Non-interactive internet presentations shall be applied toward the audio-visual category. A maximum of four hours of CME may be earned through mentoring as defined above. Mentoring activities cannot be applied toward the required ethics, diversity/cultural awareness and/or domestic violence CME components.

Attending, lecturing or teaching the same CME presentation will not entitle a mediator to additional credit. The prohibition against repeat attendance shall not apply to annual conferences and yearly updates.

Continuing education completed for another profession's continuing education requirement may be used as CME if the material bears directly on the mediator's mediation practice and complies with the CME guidelines set forth in this order.

2. Definition

A CME hour is defined as 50 minutes. CME may be completed during the mediator’s renewal cycle in any of the following formats:

(1) attending a live lecture or seminar;

(2) listening to or viewing an audio or video presentation of a lecture or seminar with a group, and participating in a discussion of the materials presented;

(3) listening or viewing audio or video presentations;

(4) co-mediating or supervising trainees as part of the trainees mentorship requirements;

(5) participating in internet presentations;

(6) lecturing or teaching in CME courses; and

(7) authoring or editing written materials submitted for publication and that have significant intellectual or practical content directly related to the practice of mediation.

3. Reporting Requirements

Mediators must maintain proof of attendance of CME or other appropriate documentation and must report their CME at the end of each two year renewal cycle on the Center's renewal form. The mediator shall be responsible to keep all records relating to CME, which records shall be subject to audit. In addition, the mediator must certify that he or she has read the current Florida mediation rules, statutes, and procedures.

Any CME hours completed may be utilized for only one renewal cycle.

Hours in excess of the requirement shall not be carried forward to the next renewal cycle.

If all other qualifications for renewal are met, but a mediator is deficient in CME credits, the mediator shall be notified in writing and certification shall be continued for 90 days from the notice of non-compliance. During those 90 days, the mediator shall complete all remaining CME requirements in order to be eligible for renewal.

 
4.Review Process

A mediator who disagrees with a finding of deficiency may object in writing within 35 days of the initial determination of deficiency as indicated in a certificate of mailing. Any such response shall be reviewed by the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy, which may appoint a subcommittee to review such matters, and which shall make a recommendation to the chief justice. The decision of the chief justice shall be final.

C. Fees.

Renewal fees shall be at the same levels as for initial certification*. All mediators seeking renewal shall be responsible for these fees. However, for renewals which are filed timely, the $40 county mediator renewal fee will be waived upon written confirmation from the ADR Program Director (or designee) that the mediator served as a volunteer in the county court mediation program during the prior certification period.

Mediators whose certification has lapsed may renew certification up to 180 days from the lapse date upon payment of an additional late-fee in an amount equal to the mediator’s renewal fee. Mediators who apply for renewal within 365 days after the lapse date will be required to pay a late-fee equal to five times the mediator’s renewal fee, up to a maximum of $500. Mediators who apply for certification after day 365 will be required to meet the initial requirements for certification, including satisfactory completion of a certified mediation training program and fulfillment of the mentorship requirements. For purposes of this paragraph, the lapse date reverts back to the initial renewal date, notwithstanding any CME extensions.

A mediator may request an extension of the renewal requirements and a waiver of any penalties for an extraordinary hardship. If such request is denied, a request for review may be taken to the Alternative Dispute Resolution Rules and Policy Committee, which may appoint a subcommittee to review such matters, and which shall make a recommendation to the chief justice. The chief justice’s decision shall be final.

*Certification Fees:

County: $40

Family: $100

Circuit: $100

Dependency: $50

Family/Circuit: $175 (filed simultaneously)

Family/Dependency: $130 (filed simultaneously)

Circuit/Dependency: $130 (filed simultaneously)

Family/Dependency/Circuit: $200 (filed simultaneously)