UTCR 12.030

(1) The determining authority:

(a) Is the entity within a judicial district with authority to determine whether

applicants to become an approved mediator for courts within the judicial

district meet the qualifications as described in these rules and whether

approved mediators meet any continuing qualifications or obligations required

by these rules.

(b) Is the presiding judge of the judicial district unless the presiding judge has

delegated the authority to be the determining authority as provided or allowed

by statute. Delegation under this paragraph may be made to an entity

chosen by the presiding judge to establish a mediation program as allowed by

law or statute. A delegation must be in writing and, if it places any limitations

on the presiding judge’s ultimate authority to review and change decisions

made by the delegatee, must be approved by the State Court Administrator

before the delegation can be made.

(2) Authority over qualifications. Subject to the following, a determining authority, for

good cause, may allow appropriate substitutions, or obtain waiver, for any of the

minimum qualifications for an approved mediator.

(a) Except as provided in paragraph (b) of this subsection, a determining

authority that allows a substitution must, as a condition of approval, require

the applicant to commit to a written plan to meet the minimum qualifications

within a specified reasonable period of time. A determining authority that is

not a presiding judge must notify the presiding judge of substitutions allowed

under this subsection.

(b) For good cause, a determining authority, other than the presiding judge for

the judicial district, may petition the presiding judge for a waiver of specific

minimum qualification requirements for a specific person to be an approved

mediator. A presiding judge may waive any of the qualifications to be an

approved mediator in an individual case with the approval of the State Court

Administrator.

(3) The determining authority may revoke a mediator’s approved status at the

determining authority’s discretion, including in the event that the mediator no

longer meets the requirements set forth in these rules.

(4) The determining authority may authorize the use of an evaluation to be completed

by the parties, for the purpose of monitoring program and mediator performance.

(5) In those judicial districts where a mediator is assigned to a case by the court, or

where mediators are assigned to a case by a program sponsored or authorized by

the court, the determining authority shall ensure that parties to a mediation have

access to information on:

(a) How mediators are assigned to cases.

(b) The nature of the mediator’s affiliation with the court.

(c) The process, if any, that a party can use to comment on, or object to the

assignment or performance of a mediator.

(6) The minimum qualifications of these rules have been met by an individual who is

an approved mediator at the time these rules become effective if the individual has

met the minimum requirements of Chief Justice Order 05-028, in effect prior to

August 1, 2022.

(7) The State Court Administrator may approve the successful completion of a

standardized performance-based evaluation to substitute for formal degree

requirements under UTCR 12.070 or 12.080 upon determining an appropriate

evaluation process has been developed and can be used at reasonable costs and

with reasonable efficiency.