New Part 146 Mediation Course Application
- Detailed Training Agenda must include the specific training topic (of those listed in the Mediation Training Curriculum Guidelines) the lesson/part is designed to fulfill (if applicable).
- Questions on Diversity and Financial Assistance
New Part 146 Mediation Curriculum Guidelines
- Curriculum Guideline II. H. Identifying and responding to different values, cultural norms, and biases: The training should raise awareness of the trainees’ own attitudes and explicit and implicit biases, and provide them with the skills to respond sensitively to the different values, cultural norms and biases of the parties consistent with the underlying purposes and values of mediation.
- Curriculum Guideline II. I. Ethical issues and codes of conduct: Trainees should learn how guiding ethical principles apply to online practice.
- New Curriculum Guideline II. J. Online mediation: The training should prepare trainees to mediate in an online environment, including: revising forms as necessary to address online participation (consent to mediate, informed consent, how to gather necessary signatures or e-signatures, and post-session participant satisfaction survey questions to include feedback on technological aspects of the session); how to build trust in a virtual setting; use of online tools to enhance the process (e.g., whiteboard, document sharing, breakout rooms). The training should cover how to prepare the parties and other third-party participants for online mediation, including: conducting pre-mediation discussions regarding technology access, party safety, privacy (other people in the room, taping the session), confidentiality, secure WiFi, sharing and storing documents, and protocols in case of technology failure or need to privately communicate with the mediator.
- New Curriculum Guideline III. E. Online Mediation: The training should build further on the topics addressed in Section 2J, focusing on the context in which the trainees intend to mediate.
New Guidelines for Continuing ADR Education under Part 146 of the Rules of the Chief Administrative Judge
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 (CE). 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 ADR education requirements under “Part 146” are different from mandatory continuing legal education “MCLE” (22 NYCRR 1500).
Continuing ADR Education Guidelines
FOR MEDIATION TRAINERS OR TRAINING PROVIDERS
Introduction to Part 146
This section of the Court's web site contains information for mediators and neutral evaluators who wish to serve on court rosters, and information for mediation trainers and training providers pursuant to Part 146.
Part 146 of the Rules of the Chief Administrative Judge establishes statewide qualifications and training requirements for mediators and neutral evaluators serving on court rosters. Part 146 also requires that the Unified Court System's Alternative Dispute Resolution (ADR) Office develop guidelines for the approval of mediation training programs, and guidelines for defining recent mediation experience.
In addition to training, the court requires mediators to have experience in mediating the types of cases that will be assigned to them. One way of getting this experience is through an apprenticeship/mentorship. The following documents are designed to be useful for apprenticeship providers and participants.
- Guidelines for Apprenticeship /Mentorship Plans under Part 146 of the Rules of the Chief Administrative Judge
a. Sets forth minimum expectations for apprenticeship programs.
- Application for Mediation Apprenticeship / Mentorship Providers
a. Outline of the application process for apprenticeship providers.
- Mediation Observation Checklist
a. A form that may be used to evaluate mediators during observation
- Apprenticeship Report
a. A sample form for tracking and reporting on mediator progress during an apprenticeship
- Apprenticeship/ Mentorship: What Apprentices/Mentees Need to Know
a. Offers tips and guidance for prospective neutrals before choosing an apprenticeship program, what they can expect to get out of such a program, and what will be expected of them.
Please note that Part 146 does not cover arbitrators, neutrals (e.g., mediators) serving in the Unified Court System's Community Dispute Resolution Centers Program, or neutrals operating outside court-annexed programs.
If you have any questions about Part 146 that are not answered on this page, please visit the Frequently Asked Questions (FAQ's) section of this site.
For Mediators & Neutral Evaluators
Please note that final acceptance to any court roster is at the discretion of the local Administrative Judge.
If you have additional questions about Part 146, please visit our FAQ's section.
Criteria for Defining Recent Mediation Experience
To serve on court rosters, mediators must have recent experience mediating actual cases in the subject area of the types of cases referred to them. See §146.4. It is up to the local Administrative Judge to decide what constitutes recent experience mediating actual cases. Local Administrative Judges may be guided by the UCS ADR Office's Guidelines for Recent Experience Mediating Actual Cases.
For information on how recent mediation experience is defined in the particular district in which you wish to serve as a mediator (on a court roster), please contact the local Administrative Judge.
FOR MEDIATION TRAINERS OR TRAINING PROVIDERS
Part 146.6 requires that the Unified Court System's ADR Office develop appropriate criteria for the approval of training programs.
This section provides Mediation Training Curriculum Guidelines for mediation trainers and training providers, as well as the steps for mediation trainers to follow to have their courses approved under Part 146.
*Note: This criteria in this section covers approval under Part 146, but does not cover approval for CLE purposes. For CLE provider information, visit the Unified Court System's Continuing Legal Education web pages.
Seeking Course Approval
2) Submit a resume or bio for each trainer.
3) Submit a detailed training agenda. Training agendas will be assessed for substantially fulfilling the criteria outlined in the Mediation Training Curriculum Guidelines. Furthermore, agendas must be formatted chronologically (i.e. in the order in which the training is intended to be delivered) with the following information provided for each distinct lesson or part:
- Training Methodology
- The specific training topic (of those listed in the Mediation Training Curriculum Guidelines) the lesson/part is designed to fulfill (if applicable).
Sample Detailed Training Agenda: The ADR Office created this sample detailed training agenda to assist training providers in developing their agendas.
Curriculum Guidelines: The UCS ADR Office developed the Mediation Training Curriculum Guidelines to provide guidance on the necessary elements of mediation trainings. The ADR Office uses these curriculum guidelines to assess training programs as required by Part 146.6 The agenda must address topics in the curriculum guidelines. The submission of an incomplete agenda will likely result in a request for additional information and may delay the approval process.
Online Courses: If you are planning to offer your training as an online course, please also see our Part 146 Online Mediation Training Guidelines & Examples of Questions to include in online training participant evaluations.
Objectives: What is the intended outcome of the training module? For example, "In this module, trainees will learn how to deliver an opening statement."
Training Methodologies: How will the objectives be met during the training session or specific module? Describe the activities and methods used during the training session or module to achieve the stated objectives. For example, "Exercise highlighting what mediators do to begin the mediation, how they choose their words, and what to emphasize. Listening partner will summarize. Elicit discussion to explore the elements of an opening statement."
4) Be prepared -- if asked -- to submit a training manual, a video clip, references, or appear for an interview. A member of the ADR Office may also request to observe the training either in whole or in part.
5) Email all items to Part146@nycourts.gov.
Law School and Graduate School Mediation Clinics and CDRC Training Providers
These guidelines apply to law school/graduate school mediation clinics and CDRC trainers.
- Faculty bio
- Course description
- Copy of the course syllabus
- Case type focus
- Number of hours of class time and clinical work time
- Other class requirements or expectations not covered in the syllabus that demonstrate how and what students will learn from the course to prepare them to mediate actual cases
About Part 146 Approved Courses
Approved Providers- Notice of Upcoming Trainings
The UCS ADR Office asks that all trainers offering Part 146 Approved Courses during their five-year approval period notify us of upcoming trainings. If the UCS ADR Office has approved your course in the last five years and it will be taught by the same trainers(s) simply send an email to Part146@nycourts.gov list the name of the course, the location and date(s) of the upcoming training and attach your agenda, remembering to include any updates we may have requested in the initial approval letter. Upon receiving notification, the UCS ADR Office will post your Part 146 approved training on our Upcoming Trainings page.
Approved Providers- How to Seek Re-Approval
As noted above, the ADR Office approves courses for a five-year period. The five-year approval applies to the course if offered by the same trainers. If you intend to use different trainers, or if the course deviates from the course the UCS ADR Office initially approved, you will need to reapply for approval. All trainers or organizations that offer Part 146 approved courses are responsible for keeping their course approval current. Please note the course approval expiration date from your approval letter.
When you reapply, because the five-year approval period is about to expire and the course and trainers have not changed:
- Email the detailed training agenda to Part146@nycourts.gov and indicate in the email that the course and trainers are the same as previously approved.
- Please do so at least 60 days before you intend to offer the course to allow sufficient time for the ADR Office to review your request.
When you reapply because you intend to change the course or the trainers:
- Submit an application;
- Submit current resumes or bios; and
- Submit a detailed training agenda;
- Email all materials to Part firstname.lastname@example.org;
- Comply with deadlines: submit all required materials at least 60 days before you intend to offer the course to allow sufficient time for the ADR Office to review your request.
All questions concerning Part 146 may be directed by e-mail to Part146@nycourts.gov or by telephone (877-Part-146).