Or. Uni. Trial. Ct. R. 12.080

As amended through June 11, 2024

Rule 12.080 - QUALIFICATION AS AN APPROVED DOMESTIC RELATIONS FINANCIAL MEDIATOR, ONGOING OBLIGATIONS

To become an approved domestic relations financial mediator, an individual must establish, to the satisfaction of the determining authority, that the individual meets or exceeds all the following qualifications and will continue to meet all ongoing requirements as described.

(1) Education. An applicant must meet the education requirements under UTCR 12.070 applicable to an applicant to be approved as a domestic relations custody and parenting mediator.

(2) Training. An applicant must have completed training in each of the following areas:

(a) The basic mediation curriculum in UTCR 12.100;

(b) The domestic relations custody and parenting mediation curriculum in UTCR 12.110;

(c) Domestic relations financial mediation training in UTCR 12.120; and

(d) Court-system training in UTCR 12.130, or substantially similar training.

(3) Experience. An applicant must have completed one of the following types of experience:

(a) Participation in at least 20 cases including a total of at least 100 hours of domestic relations mediation supervised by or co-mediated with a person qualified as a domestic relations financial mediation supervisor under this section. At least ten cases and 50 hours of the supervised cases in this paragraph must be in domestic relations financial mediation. At least three of the domestic relations financial mediation cases must have direct observation by the qualified supervisor; or

(b) At least two years full-time equivalent experience in any of the following: mediation, direct therapy or counseling experience with an emphasis on short term problem solving, or as a practicing attorney handling a domestic relations or juvenile caseload. Applicants must have:

(i) Participated as a mediator or co-mediator in a total of at least ten cases including a total of at least 50 hours of domestic relations financial mediation; and

(ii) An understanding of court-connected domestic relations programs.

(4) Continuing education. As an ongoing obligation, an approved domestic relations financial mediator must complete 24 hours of continuing education every two calendar years, beginning January 1 of the year after the mediator's approval by the determining authority, as described in UTCR 12.140.

(5) Conduct. An applicant and, as an ongoing obligation, an approved domestic relations financial mediator must subscribe to the mediator ethics in UTCR 12.040.

(6) Public information. An applicant and, as an ongoing obligation, an approved domestic relations financial mediator must comply with requirements to provide and maintain current information in UTCR 12.050.

(7) Insurance. As an ongoing obligation, an approved domestic relations financial mediator shall have in effect at all times the greater of:

(a) $100,000 in malpractice insurance or self-insurance with comparable coverage; or

(b) Such greater amount of coverage as the determining authority requires.

(8) Supervision. A qualified domestic relations financial mediation supervisor is an individual who has:

(a) Met the qualifications of a domestic relations financial mediator as defined in this section;

(b) Completed at least 35 domestic relations cases including a total of at least 350 hours of domestic relations financial mediation beyond the experience required in this section; and

(c) Malpractice insurance coverage for the supervisory role in force.

Or. Uni. Trial. Ct. R. 12.080

Adopted June 10, 2022, effective 8/1/2022.