Rule 7.10 - Guardianship Mediator Training Approval Process(a) A Mediation Trainer may seek the Commission's approval of a guardianship mediation training course. (b) The Mediator Trainer must submit to the Commission an application on a form prescribed by the Commission. The application must be accompanied by an outline and materials that describe the course objectives and content, describe the teaching methods to be used, identify the instructors and provide their credentials, indicate the time allotted to each segment, and provide the date and location of the course.(c) To be approved, the training must consist of at least 24 hours of content covering mediation methods, goals, and techniques. The course content must also address the following: (1) a survey of the law of guardianship;(2) the purpose and nature of guardianship, including the typical interests at stake in a contested guardianship; (3) practical and ethical considerations arising in typical guardianship mediation scenarios based upon case studies; (4) alternatives to guardianship, including less restrictive support and services available for the prospective ward; (5) matters relating to capacity of the prospective ward, including mediation of conflicts regarding an incapacity determination; (6) issues of mediation confidentiality and the privacy interests of the parties to mediation; (7) the ward's bill of rights; (8) the importance of involving the prospective ward and focusing mediation on the prospective ward; (9) practical matters regarding a guardian's responsibilities to conduct inventories, accountings, and reports on the ward's estate, as well as other fiduciary duties; and (10) the role of the Mediator as an impartial facilitator in resolving contested matters. (d) The Commission may approve a course provided by an alternative dispute resolution system or other dispute resolution organization as an approved guardianship mediation training course. (e) Once a guardianship mediation training course is approved, the Commission will post the name of the course and its provider on the Commission's website. (f) A Mediator is encouraged to attend a guardianship mediation training course approved by the Commission, but attendance is not a required prerequisite to conduct a guardianship mediation. A court has discretion to refer a contested guardianship dispute to any Mediator, regardless of whether the Mediator has attended a guardianship mediation training course approved by the Commission.Tex. R. Judi. Cert. Commi. 7.10
Adopted effective 9/1/2021.