Ark. ADR Comm'n P. Discipline Mediators

Procedures for the Discipline of Mediators

Disciplinary Action

The Commission may take disciplinary, adverse, or other action against any applicant or

mediator included on the Commission’s Roster of Certified Mediators for any of the following:

1. Fraud, deceit, material misrepresentation or omission, in application to the

Commission’s Roster of Mediators or any other information provided to the

Commission whenever discovered.

2. Any gross negligence, incompetence, or misconduct in the practice of mediation.

3. Any felony; or any misdemeanor involving violence, threatened violence or moral

turpitude or adversely affecting the practice of mediation.

4. Any violation of the Commission’s Requirements for the Certification of

Mediators for Circuit Courts.

5. Any violation of the Requirements for the Conduct of Mediations and Mediators.

6. A violation of the policies or procedures of any program administered by the

Commission.

Method for Hearings

Complaints/Allegations-- Complaints or allegations made against any person shall be in writing,

and signed by the person or persons making them, and shall be filed with the Coordinator for the

Commission. Reports, complaints, or allegations may also be made to the Commission by the

Coordinator or Commission members.

Unless dismissed by the Commission as unfounded or trivial, all charges shall be heard by the

Commission within a reasonable time.

Investigation - The Commission may appoint an investigation committee. The Committee may

include one member of the Commission, the Coordinator, Assistant Coordinator for the

Commission, and may be advised by the Assistant Attorney General assigned to advise the

Commission. The Committee may serve in the following capacities: 1) to gather information to

determine if a complaint or allegation is founded or legitimate; and 2) to provide evidence to be

used in presenting the case; and 3) such other capacities as permitted or not prohibited by law or

regulation.

Notice- All parties shall be given an opportunity for hearing after reasonable notice consistent

with the Administrative Procedures Act codified at Ark. Code Ann. § 25-15-201 et seq.

Continuances– A continuance shall be granted only for good cause. Requests for continuances

must be made to the Commission in writing and received no less than 10 working days prior to

the scheduled hearing.

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Hearing--Opportunity shall be given to all parties to respond and present evidence and argument

on all issues involved.

1. at any hearing, the party shall have the right to appear in person. The party may also

be represented by counsel.

2. to cross examine witnesses and evidence in his or her defense

Failure to Appear-- If, after being served notice, the party fails to appear and has not been

granted a continuance, the Commission may conduct the proceedings without the party’s

presence.

Panel to Hear Case - Four of the seven Commission members must be present to conduct a

hearing. Any member of the Commission who has served on the investigation committee for the

case, or who initiated the complaint, is prohibited from sitting on the panel.

Presiding Officer – The Chair of the Commission may be the presiding officer at hearings, or the

Commission may elect to have a hearing officer preside over any hearing. If the Chair is

unavailable, a majority of the Commission members present may select a presiding officer from

among the Commission members present or elect to have a hearing officer preside over the

hearing.

The presiding officer shall have the power to maintain order and generally regulate and guide the

course of the pending proceeding.

Legal Assistance - The Attorney General of the State of Arkansas or one of his or her assistants

may act as legal advisor to the Commission and render legal assistance needed in fulfilling the

provisions of the Commission’s Rules

Decisions

If, after hearing the evidence, a majority of the Commission members present and participating sustain

the disciplinary, adverse, or other action the Commission may reprimand, suspend, revoke, limit or

otherwise condition the mediator’s certificate, remove or refuse to include his or her name on the

Commission’s Roster of Certified Mediators.

A final decision will be made in writing within 15 days of the hearing. A final decision shall include

findings of fact and conclusions made in the hearing. Findings of fact shall include a concise and

explicit statement of the underlying facts supporting the findings. A copy of the findings shall be

served to the party by registered mail.

Appeal

The decision of the Commission may be appealed within 30 days of service of the same upon

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respondent as specified in the Administrative Procedures Act codified at Ark. Code Ann. § 25-15-201 et seq.

Informal Disposition of Complaints

Nothing contained herein shall prohibit informal disposition of complaints or allegations by settlement,

consent or agreement of parties.

Amendments to the Procedures

These rules, regulations, and definitions may be modified, added to, or deleted as deemed appropriate

by the Arkansas Alternative Dispute Resolution Commission in the method prescribed for such

changes by the laws of the State of Arkansas.

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