Introduction to Part 146
Information for Mediators & Neutral Evaluators
Criteria for Defining Recent Mediation Experience
FOR MEDIATION TRAINERS OR TRAINING PROVIDERS
Seeking Course Approval
About Part 146 Approved Courses
Frequently Asked Questions (FAQ's)
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.
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:
Part 146.4 (a)-(c) details the prerequisites for mediators and neutral evaluators who wish to serve on court rosters. Find out how to join a particular court roster
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:
1) Complete and submit the Application for Approved Courses Under Part 146 of the Rules of the Chief Administrative Judge.
2) Submit trainer's biography or resume.
3) Submit a sample detailed training agenda. The agenda should include training topics, scheduled times for each topic, learning objectives, and a description of training methodologies employed. The agenda should 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.
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? 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. Elicitive discussion to explore the elements of an opening statement.
See a sample detailed training agenda.
4) Be prepared -- if asked -- to submit a training manual, a video clip, references, or appear for an interview.
5) Email all items to Part146@nycourts.gov.
ABOUT PART 146 APPROVED COURSES:
The UCS ADR Office asks that all trainers offering Part 146 Approved Courses during their 3-year approval period notify us of upcoming trainings. If the UCS ADR Office has approved your course in the last 3 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.
All questions concerning Part 146 may be directed by e-mail to Part146@nycourts.gov or by telephone (877-Part-146).
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