Section 3622 - Orientation and Training of Neutral Persons(a) Each Grantee shall require that all persons who provide dispute resolution services on its behalf complete a training program. The training must be completed prior to the provision of dispute resolution services by that person.(b) For purposes of fulfilling the requirements of section 468.2(g) of the Act, each Grantee shall provide an orientation and training program for mediators and other facilitators. The program shall consist of a minimum of 25 hours of classroom and practical training.(c) The classroom training shall consist of a minimum of 10 hours of lecture and discussion, and shall address the following topics: (1) The history of dispute resolution as a problem solving technique and its relationship to the traditional justice system;(2) The Act and these Regulations;(3) An overview of the structure of the California justice system and the traditional methods of processing civil and criminal cases;(4) The structure, design, practice, and theory of dispute resolution proceedings and services, as defined, including the varying roles, functions and responsibilities of neutral persons, and the distinction between binding and non binding processes;(5) Communication skills and techniques, including developing opening statements, building trust, gathering facts, framing issues, taking notes, empowerment tactics, effective listening and clarifications skills. Face-to-face as well as over-the-telephone communication skills shall be addressed;(6) Problem identification and disagreement management skills, including instruction in the establishment of priorities and areas of agreement and disagreement, and the management of special problems that threaten the process;(7) Techniques for achieving agreement or settlement, including instruction in creating a climate conducive to resolution, identifying options, reaching consensus, and working toward agreement;(8) General review of fact patterns present in typical disputes, including landlord-tenant, customer-merchant, and neighbor-neighbor cases;(9) Administrative and intake skills related to dispute resolution services, including completion of paperwork involved in handling and tracking cases, administrative and reporting forms, correspondence with disputants and referral agencies, agreements to mediate or arbitrate, and the drafting of settlement agreements and awards;(10) The role and participation of attorneys and witnesses in dispute resolution proceedings;(11) The organization and administration of dispute resolution programs, including intake procedures, follow-up procedures, and record-keeping; and(12) The necessity of the voluntary and consensual nature of a disputant's participation in any dispute resolution proceedings.(d) The practical training shall consist of a minimum of 10 hours, which shall include role plays of simulated disputes and observations of actual dispute resolution services, including intake procedures as well as actual dispute resolution proceedings.(e) The training shall provide for personal assessment and evaluation of the trainee.(f) Grantees shall provide written verification of the dates and times at which the training was attended and completed to all trainees who satisfactorily complete the required orientation and training program.(g) Any neutral person who has received training which complies substantially with these Regulations, or who has had at least 25 hours of dispute resolution experience prior to his or her provision of dispute resolution services, shall be deemed to have met the orientation and training requirements mandated by these Regulations. Such prior training or experience shall be verified by the program or organization through which it was rendered.Cal. Code Regs. Tit. 16, § 3622
1. New section filed 8-31-89; operative 9-30-89 (Register 89, No. 36). Note: Authority cited: Section 471, Business and Professions Code. Reference: Sections 467.2(b), 468.2(g), 468.3(b) and 471.3, Business and Professions Code.
1. New section filed 8-31-89; operative 9-30-89 (Register 89, No. 36).