Part 146 of the Rules of the Chief Administrative Judge requires mediators who wish to serve on court rosters must have taken at least 40 hours of mediation training and must have recent experience mediating actual cases. Part 146.6 requires that the Unified Court System's ADR Office develop appropriate criteria for the approval of training programs.
Diversity and Training
The New York State Unified Court System (NYS UCS) serves a wide variety of litigants, including persons of varying age, race, ethnicity, national origin, gender, sexual orientation, physical or mental ability, religion, socioeconomic and family status. The Court recognizes that trainers and neutrals with a wide variety of cultural and life experiences enrich the alternative dispute resolution (ADR) process by bringing diverse perspectives to resolving disputes. It is therefore important that the NYS UCS’s ADR Programs attract and retain trainers and neutrals who represent a broad range of personal and professional backgrounds to better serve and instill confidence in participants in the alternative dispute resolution process. To that end, qualified applicants of all backgrounds and experiences are encouraged to apply for admission to NYS UCS ADR Programs.
We encourage trainers to join us this goal in any of the following ways:
• Have a diverse training team
• Dedicate training time to the issue of diversity
• Ensure diversity among training participants
Part 146 Snapshot for Mediation Training Providers
Curriculum Guidelines – Trainers seeking approval under Part 146 must submit as part of their application a training agenda that adheres to the Mediation Training Curriculum Guidelines.
Application process – OADR welcomes complete applications on a rolling basis. To ensure the UCS ADR Office has time to review the application materials, applications must be received by the UCS ADR Office at least 60 days before the date of the scheduled training.
A complete application requires the submission of a timed training agenda, which should contain the required information outlined in the curriculum guidelines and clearly formatted. Please consult our sample agenda.
Duration of approval – Once a course has been approved it will remain approved for five years starting from the date the UCS ADR Office approved the course. The date the course expires under Part 146 will appear on the written approval letter. The course will be featured on the Part 146 Approved Course List.
Courses approved for online delivery will be approved through the time the Part 146 Online Mediation Training Guidelines are in effect, which is currently through June 30, 2022.
All Courses: For all Part 146 courses (pending and approved), advertising notices must convey the following:
›› Final placement on any court roster is at the discretion of the local Administrative Judge;
›› Participation in a course does not guarantee placement on a local court roster;
›› Some courts may require additional training and experience beyond Part 146’s requirements; ;
›› Acceptance on court rosters may depend on a court’s need for mediators at any given time and may include a particular court’s need for mediators with specific case-type training or experience.
Approved Courses: If you are a mediation trainer or sponsoring organization, and you apply for and receive written approval from the UCS ADR Office, you may advertise that your course is approved under Part 146 of the Rules of the Chief Administrative Judge. You may also have your training listed in our training calendar. To do so, please send details of your training to Part146@nycourts.gov.
Courses Pending Approval: If you have completed an application and received email notification that your application is being considered for approval, you may advertise that your training course is pending approval under Part 146 by the New York State Unified Court System’s Office of ADR Programs.
Adding new trainers – If your course has been approved but another trainer will present it in an upcoming training, you must resubmit the agenda and the application with the new trainer’s information and include the new trainer’s resume. If a non-approved trainer presents the course, the course will not qualify as Part 146-approved.
Online Training – Online course delivery is currently permitted through June 30, 2022. These courses must adhere to the Part 146 Online Mediation Training Guidelines. Please also see Examples of Questions to include in online training participant evaluations.
Law School/CDRC providers – These guidelines apply to law school/graduate school mediation clinics and CDRC trainers.
Part 146 Snapshot for Apprenticeship Providers
Apprenticeship guidelines – An apprenticeship is an organized program where trained mediators are given the opportunity to gain practical mediation experience serving as apprentices under the supervision of at least one mentor. These guidelines outline the minimum requirements for apprenticeship programs approved under Part 146.
Application process – OADR welcomes complete applications on a rolling basis. Applications must be received by the UCS ADR Office at least 60 days before the date of the scheduled training.
Apprentice expectations – OADR provides guidance on what to expect from an apprenticeship program.
Part 146 Snapshot for Continuing Education Providers
Requirements under Part 146 – Pursuant to Part 146 of the Rules of the Chief Administrative Judge, all neutrals must attend at least six hours of additional approved training relevant to their respective practice areas every two years. In deciding whether to re-designate neutrals to rosters, District Administrative Judges or the judges’ designees, must determine whether each neutral has complied with section 146.5 Continuing Education for Neutrals.
Continuing education guidelines – Providers are encouraged to reference the Continuing ADR Education Guidelines when developing a course for continuing mediator education. The ADR Office does not approve courses or activities for CE nor does it audit neutrals for compliance with CE requirements. The guidelines are intended to assist providers when developing CE courses and activities and to help neutrals and the local administrative judge, or the administrative judge’s designee, determine whether a neutral’s CE requirements have been met.
Continuing education and CLE – Continuing ADR education requirements under “Part 146” are different from mandatory continuing legal education “MCLE” (22 NYCRR 1500).
Questions concerning Part 146 may be directed by e-mail to Part146@nycourts.gov or by telephone (877-Part-146).