Consultation Paper on Alternative Dispute Resolution - Law Reform ...

conclude the terms of an agreement.‖ This is also consistent with the
Commission‘s definition of mediation. 48
(7) United States
10.52 Some countries enacted legislation to govern the issues of training
and accreditation of mediators. Various states in the United States have
introduced Court rules which set out basic requirements about training and
accreditation of mediators. 49 For example, the rules of the Tennessee Supreme
Court set out the main qualifications which must be met by family mediators:
good moral character;
four years of practical work experience in psychiatry, psychology,
counselling, social work, education, law or accounting;
40 hours of training in family mediation encompassing specified
curriculum components including specific domestic violence training;
6 additional hours of training in Tennessee family law and court
procedure; and
further training every 2 years together with filing an annual report with
the Director of the Alternative Dispute Resolution Commission. 50
10.53 In the United States, ADR organisations have also developed several
national standards for mediation, for example Model Standards of Practice for
Family and Divorce Mediation 51 and Model Standards of Conduct for
Mediators. 52
(8) Austria
10.54 The training and accreditation of mediators is governed by the Civil
Law on Mediation Training, which sets out the scope and content of training in
this field. 53 Mediators in civil law matters must all be registered with the Federal
48 See paragraph 2.128, above.
49 See Noce ―Beaten Path to Mediator Quality Assurance: The Emerging Narrative
of Consensus and its Institutional Functions‖ (2003) 19 Ohio St J on Disp Resol
937.
50 Supreme Court Rule 31, s. 13(b)1 — 6.
51 Available at http://www.afccnet.org/pdfs/modelstandards.pdf
52 Available at
http://www.abanet.org/dispute/news/ModelStandardsofConductforMediatorsfinal0
5.pdf
53 ZivMediatG 2004, section 16.
320