Ark. ADR Comm'n R. Regulation Proceedings

Arkansas Alternative Dispute Resolution Commission

Rules for Regulation of Proceedings

I. DESCRIPTION

The Arkansas Alternative Dispute Resolution Commission (“Commission”) is

composed of seven appointed Commissioners. The mission of the Commission is to

provide the citizens of Arkansas with alternative methods of resolving their disputes. To

achieve that mission, the Arkansas 80th General Assembly assigned the following

authority and responsibilities to the Commission:

a) promote in a systematic manner the appropriate use of ADR;

b) provide education to the courts, other government agencies, and the public

on methods, advantages, and applications of ADR;

c) Establish standards and regulations for the certification, professional

conduct, discipline, and training of persons who shall be eligible and

qualified to serve as compensated mediators, negotiators, conciliators,

arbitrators, or other alternative dispute resolution neutrals in and for state

and local courts.

d) Develop recommended guidelines, including the types of disputes which

may be subject to alternative dispute resolution and standard procedures

for mediation, and other forms of alternative dispute resolution;

e) Assist state and local courts and governmental and other agencies with the

development and implementation of alternative dispute resolution

programs;

f) Develop standardized forms for use in state and local courts and

governmental and other agencies for the reference of cases to alternative

dispute resolution and for the purpose of monitoring the use of alternative

dispute resolution in the state;

g) Establish fees to be levied by the courts and governmental and other

agencies and paid by parties utilizing alternative dispute resolution

processes;

h) Apply for and accept gifts or grants from any public or private source for

use in maintaining and improving alternative dispute resolution programs

in the state; and

i) Collect fees for tuition and registration of educational programs and to

assist in maintaining a roster of third-party neutrals.

II. COMMISSION & STAFF

A. Commission Organization

1. The Commission shall consist of seven (7) members who shall be appointed as

follows:

S three (3) members shall be attorneys appointed by the Chief Justice of the

Arkansas Supreme Court, one (1) of whom shall have been recommended

to the court by the Arkansas Bar Association

S One (1) member shall be appointed by the Speaker of the House of

Representatives

S One (1) member shall be appointed by the President Pro Tempore of the

Senate

S Two (2) members shall be appointed by the Governor

2. All members of the Commission shall have demonstrated prior interest or

involvement in alternative dispute resolution.

3. Pursuant to Ark. Code Ann. § 16-7-102(a)(3), at least (1) commission member

shall be an Arkansas resident considered to be a representative of voluntary or

nonprofit alternative dispute resolution programs in the State of Arkansas.

4. Each Commissioner has a responsibility to attend all regular or special meetings

of the Commission. Any Commissioner who fails to attend three (3) consecutive

regular meetings shall be subject to removal from the Commission pursuant to

Ark. Code Ann. § 25-17-211.

5. In accordance with Ark. Code Ann. § 16-7-102(a)(4), Commissioners shall be

appointed for terms of six (6) years.

6. If any member dies, resigns, or is otherwise unable to serve prior to the expiration

of the term, the appointing entity shall appoint a successor to serve the unexpired

portion of the term.

7. The Commission shall elect a chairman. The Chairman will serve for a term of

one (1) year. The Commission may elect a vice-chairman who may serve as

chairman in the absence or disability of the chairman.

8. The election of chairman and vice-chairman shall take place by a vote of the total

membership at the first regular meeting of the Commission following July 1 of

each year.

9. A majority of the Commission shall constitute a quorum.

B. Staff Organization

1. The Commission shall select a Coordinator of Alternative Dispute Resolution

Programs, who shall be an employee of the Administrative Office of the Courts.

2. Other employees may be added by the Commission as are needed to carry out the

purposes of the Commission as set forth in Ark. Code Ann. § 16-7-101 et seq.

3. Though the Coordinator’s hiring of staff shall be with the consent of the

Commission, such employees, once approved for employment, shall be the

responsibility of the Coordinator in matters common to an employer/employee

relationship and the Coordinator shall be responsible to the Commission for the

actions of employees on staff.

C. Meeting Times and Sites

1. The Commission shall hold regular quarterly meetings each year on dates fixed by

the Commission and such special meetings as the Commission determines are

necessary.

2. The date, time and place of each regular meeting shall be furnished to anyone

who requests the information.

3. The Commission may vary its meeting site to accommodate its needs and

accomplish its purposes.

4. The Coordinator shall prepare a proposed agenda for each regular and special

meeting, and the proposed agenda shall be distributed to the Commission

members prior to any such meeting. Any Commissioner may add items to the

agenda by notification to the Coordinator twenty-four (24) hours before the

scheduled meeting date. Any item may be added to the agenda at any time with

the unanimous consent of the members present at the meeting.

D. Meeting Procedure

1. All meetings of the Commission shall be governed by Robert’s Rules of Order,

except as may be modified by a majority of the Commission members and by

these rules of practice and procedure.

2. Any Commissioner who has an actual conflict of interest in any proceeding before

the Commission shall recuse voluntarily from any involvement in the matter. If a

majority of the Commissioners determines that one of its members has such a

conflict, they may, by affirmative vote, disqualify said member from participation

in the matter.

3. All meetings of the Commission, except as provided in subparagraph (D)(4) of

this section or Ark. Code Ann. § 25-19-106(c), shall be open to the public.

III. GENERAL ADMINISTRATION

1. The Commission may delegate to the Coordinator the authority to operate the

Commission office, with his or her duties enumerated by the Commission. Such

duties shall include, but not be limited to, the following:

a. Conducting general administration of the Commission office and its staff

in a business-like and efficient manner. The Coordinator shall

periodically report to the Commission concerning the conduct and

operation of the office;

b. Managing the appropriated budget of the Commission, and ensuring that

all expenditures from budgeted money are made within the law and

general purposes of the Commission. The Coordinator shall periodically

report to the Commission concerning the financial status of the office;

c. Preparing and maintaining files and records on the activities, matters and

persons coming under the authority and responsibility of the Commission;

d. Receiving and responding to correspondence on behalf of the Commission

on matters relating to official Commission business;

e. Managing travel, logistics, expenses and reimbursement for

Commissioners and staff and scheduling seminars and training by and for

the Commission; and

f. Ensuring that the Commission office and its employees comply with the

law and carry out the duties as may, from time to time, be enumerated by

the Commission.

IV. MATTERS BEFORE THE COMMISSION

A. Certification Reconsideration

1. See the Requirements for the Certification of Mediators for Circuit Courts

B. Disciplinary Hearings

1. See the Procedures for the Discipline of Mediators

C. Grant Applications

1. The process may be varied from year to year as needed.

2. Grant guidelines will be available to the public along with the grant

applications.