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Frequently
Asked Questions Regarding Neutral Registration
This page last updated 03/28/08
Q:
If I have taken a training course, can I work in one of the court-connected
ADR programs?
A: Completion of a training program does not
guarantee that any particular court-connected program must or will
accept you as a neutral to serve the program. Each local court program
exercises its discretion with reference to the qualifications of
each neutral. For this reason a local program may require a neutral
to have additional training, education or experience beyond the
Georgia Supreme Court's requirements. We strongly urge you to contact
the program in which you are interested for more information
on these local requirements.
Q:
How can I become a certified/registered neutral?
A:
While states differ on their use of terminology, Georgia does
not "certify" or "license" neutrals. A registry
of neutrals who serve in court-connected ADR programs is maintained
through our office. There is no mandatory registration requirement
for neutrals who practice dispute resolution in the private setting,
although neutrals who meet the Georgia Supreme Court's requirements
may register with our office. To become a Georgia-registered
neutral, you must take an approved training and complete any
other requirements for the category in which you wish to
register. Then you must apply for registration to the
Georgia Office of Dispute Resolution within 18 months of
completing the training. Your application will be reviewed
to make sure you meet the Georgia Supreme Court requirements, a
criminal background check will be conducted, and if all goes
well, you will be registered.
Q:
How can I serve a court ADR program once I am registered with
your office?
A: The Georgia Office of Dispute Resolution
neither provides ADR services nor referrals to neutrals we have
registered. The office does not forward
your registration application to the individual court ADR programs. To serve as a neutral in one of these programs you must contact
the local program and apply directly to the local program.
Q:
Do I need to be an attorney to be a neutral?
A: To be registered with the Georgia Office
of Dispute Resolution there is no requirement that a neutral be
an attorney or have any other specific professional background. However, domestic relations mediators must hold a bachelor's degree
from an accredited college or university. For registration requirements
of neutrals, see Appendix B to the Georgia Supreme Court Alternative Dispute
Resolution Rules.
Q:
Will I need to register every year?
A:
Registration is current for up to two years. For example, if you
register in May 2007, you will be registered for the rest of
2007 and all of 2008, and you will need to renew your registration
in December 2008. Thereafter, you will need to renew every
two years -- 2010, 2012, etc.
Q:
Are neutrals serving in a court-connected program compensated?
A: Rates of compensation for neutrals vary in order to
meet the demands and circumstances of the local courts. Courts use a
variety of approaches to compensation, including volunteers, free
market neutrals and set fees averaging $75 per hour. All
compensated neutrals are encouraged to contribute some pro bono
hours to their program, and every court program in which neutrals
are compensated by the parties must provide ADR services free of
charge to indigent parties.
Training
Q:
I took ABC training in XYZ state. Will this count toward the 28-hour
general training?
A:
All training received after Jan. 1, 1994, must be in courses approved
by the Georgia Office of Dispute Resolution. If you have completed
or are considering a course which is not on the approved list,
you must submit the course outline to the office for individual review.
Q:
Is there reciprocity between states?
A:
A neutral from another state may ask to be waived in for Georgia
registration provided he/she meets the qualifications set forth
in Appendix B of the Supreme Court
ADR Rules.
Observations
Q:
How can I fulfill my observation/co-mediation requirement?
A: While each court program is different, some
programs will allow you to observe a scheduled mediation in order
for you to obtain your needed observations. They may also
allow you to co-mediate a case with one of their neutrals. You
must observe or co-mediate with a mediator who is registered in the
category in which you wish to register, and the nature of the case
must be appropriate for the category in which you wish to register.
For example, to register in Domestic Relations Mediation, you must
observe and co-mediate with registered domestic relations mediators,
and the cases you observe and co-mediate must be domestic relations
cases. Other ways to fulfill your
observation/co-mediation requirement include taking an approved
practicum and/or observing private mediations, again, with
mediators who are registered in the category in which you seek
registration. Domestic
Relations has a specific approved Domestic Relations Practicum.
Fees
Q:
What are the registration fees for the two-year registration period?
A: There is a $25 application fee for all applicants. In
addition to this fee, those earning more than $2,500 from
neutral services during the two-year registration period pay a
$125 registration
fee.
Adding a Registration Category
Q:
How do I add another category to my registration?
A:
If you are already a Georgia-registered neutral, then to add another registration category you need to send a letter
to the Georgia Office of Dispute Resolution asking
to add the category, along with a copy of a certificate from an approved training in the category you
are adding, and documentation of observations and co-mediations, if required
for that category. You do not need to fill out
another registration form. Also, at this time there is no fee to
add another category to your registration. Remember, you
must apply to add a category to your registration within 18
months of completing the appropriate training.
Continuing Education
Q:
Do I have to earn continuing education credits to maintain my registration?
A:
Georgia-registered neutrals must complete several hours of continuing education (CE) in order to renew their registrations.
Neutrals who are renewing for the first time must complete 3 hours of CE. For every subsequent renewal, neutrals must complete
6 hours of CE. According to the Supreme Court ADR Rules, for a course to qualify for neutral CE, "There must be a nexus
between the continuing education attended and enhancement of the neutral’s skill, substantive knowledge and/or
professionalism as a neutral."
Q:
How do I earn continuing education?
A:
There are several ways to earn CE.
First, the Georgia Office of Dispute Resolution maintains a list of
CE opportunities that it learns of. Second, once you are a registered neutral, any approved training
that leads to registration in another category can also count toward your CE requirement. For example, if you are
registered in General Civil Mediation, and you take an approved 6-hour course in Arbitration, that 6-hour course not only
can register you in Arbitration, but it counts as 6 hours of CE. (Please be aware that observations and co-mediations
do not count as CE.) Third, if you must take courses to fulfill CE requirements in another profession,
such as law, medicine, nursing, social work, or accounting, you can count those courses toward your neutral CE requirements
as well, as long as you can attest that the course enhanced your skill, substantive knowledge and/or professionalism as a
neutral. Fourth, online and video seminars are now acceptable for neutral CE, subject to the same Supreme
Court requirements stated here. Many professions offer online and video courses, and one can usually take them without
being a member of that profession. For example, Georgia's Institute for Continuing Legal
Education offers many online and video replays of its legal seminars, several of them on dispute resolution, that are
available for rental by the public. Fifth, if you have served as a trainer, instructor, coach or speaker in
an ADR-related seminar or training, you can claim double your actual instruction time as CE. For example, in a 6-hour
seminar, you gave an hour-long talk on mediator ethics, you can claim 2 hours of CE on your next renewal.
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