Attachment:Requirements for NMMA Certification
To be considered for General Practitioner Certification, a mediator must be a member in good standing with NMMA, must sign NMMA’s mediator Ethics and Standards of Practice document, and must submit a signed application and affidavit documenting that he or she has met all the requirements for ethics disclosure, training, experience, and references as set forth below. The NMMA Board of Directors is the final arbiter on what constitutes acceptable training and/or experience.
I. ETHICS DISCLOSURE:
Whether applying for initial certification or re-certification, applicants must include with their application: Written disclosure of all felony convictions and/or disciplinary actions from any professional organization. Felony convictions and/or disciplinary actions may be grounds for the Certification Committee to decline or
defer NMMA Mediator Certification. Failure to disclose complete and accurate information concerning any such convictions or actions constitutes grounds for de-certification once the errors or omissions have been discovered.
(If you are applying for re-certification, please skip down to Item V.)
An applicant must have completed at least 100 total hours of training specific to mediation skills and practices.
NMMA recognizes that some training may have been taken years ago and that certificates of completion for these trainings may no longer exist. In lieu of actual certificates, applicants may submit a narrative describing to the best of their ability what each of these trainings consisted of, who they were taught by and where the training was conducted. NMMA reserves the right to disallow any or all such narratives that are deemed insufficient for any reason.
A. The 100 hours of training must include a 40-hour course in basic mediation, which includes significant training in mediation process skills, and role-play practice observed by an experienced mediator.
If your 40-hour basic mediation training was completed through a program not yet approved by NMMA, it must contain certain components to be approved. Please use the checklist in the application section to indicate which of the components was included.
B. 8 hours of the 100 total training hours must specifically include mediation ethics, including the unauthorized practice of law in New Mexico. If a portion of the basic training was dedicated to mediator ethics, those hours will count towards this requirement.
C. The remaining 52 hours may be satisfied through NMMA Board approved workshops, training, or continuing education classes related to conflict resolution and/or mediation.
An applicant must have accumulated at least 100 total hours of mediation experience. Experience must be actual experience conducting mediations, whether as a solo mediator or co-mediator. Observation of mediation sessions does not constitute mediation experience.
Applicants must provide a minimum of two references from NMMA members in good standing or from two others who are involved in the ADR or legal profession such as attorneys or judges. References must include commentary on both an applicant's character and competency as a mediator.
The initial certification will be valid for a period of two years, and must be renewed every two years thereafter. To maintain certification, a mediator must submit an application documenting that the mediator has:
1. Completed 20 hours of continuing education over the previous two-year period of certification, including 4 hours each of ethics and cross-cultural issues. Continuing education hours will be recognized for a broad spectrum of trainings, presentations, continuing education courses, and conference programs or workshops for which certificates or documentation are issued. A certified mediator may count up to 6 hours spent as a professional trainer or teacher of mediation programs or courses as described above toward the 20 hours needed for re-certification.
2. Conducted a minimum of 20 hours of mediation as a sole or co-mediator over the previous two-year period.
VI. EXPIRATION AND RE-APPLICATION
If a certified mediator does not meet the requirements to maintain certification and/or fails to submit the required forms to maintain certification, his or her certification will expire two years from the date certification was granted. He/she must cease using the phrase “NMMA Certified General Practitioner” in any marketing materials. At any point, that individual may reapply for certification, having met the requirements to maintain certification listed above, while maintaining current NMMA Membership.
VII. DE-CERTIFICATION PROCESS
As the certifying entity, NMMA reserves the right to de-certify any certified mediator who it finds has violated NMMA’s Ethics and Standards of Conduct, or who is found to have falsified his or her certification application.
Investigation of Complaints
1. The NMMA Certification Committee (CC) will review any complaints received about an NMMA certified mediator and determine whether it warrants further investigation.
2. If so determined, the CC will notify that member as well as the NMMA board of Directors about the complaint and request a letter of explanation and/or further information from the member and/or complainant, and possibly offer a face-to-face meeting with the parties.
3. The member will have thirty (30) days to respond. 4. Upon review of any information received in writing and/or in personal interview, the CC will make an initial
determination whether: (a) ThememberhasviolatedNMMA’srulesofethicsorfalsifiedhisorhercertificationapplicationmaterials,and,ifso,
Whether to recommend the member rectify the violation by taking remedial steps, such as mediation with the complainant, along with a timeline for satisfaction and a postponement of the initial determination until the deadline for the remedial steps has been reached, or
Whether de-certification is warranted either because the violation was serious enough, or because satisfactory remedial steps were not taken. The initial determination, along with the appeals process, if applicable, will be mailed to the certified mediator and complaining member or party, and a copy will be provided to the NMMA Board of Directors for their review.
1. If the CC finds that the violation is serious enough to warrant de-certification, or satisfactory remedial steps were not taken, the CC will include the reasons for their determination.
2. The member will have the opportunity to appeal the decision to the NMMA Board of Directors, and must do so in writing to the Board of Directors within thirty (30) days of the mailing date of the determination, or their certification will end. 3. Receipt by the Board of Directors of a request for appeal will prompt a hearing by the Board of Directors for a
final determination, which will take place within sixty (60) days of the mailing of the appeal. (a) The Board of Directors will review any documentation submitted by the certified member, and/or the complainant, and the initial determination by the CC, and will hold an open hearing at a regular or special
meeting of the Board of Directors. (b) The Board of Directors will issue a final determination in writing to the CC and the certified member, within
thirty (30) days of the hearing, along with the reasons for the decision.
1. Any de-certified mediator may reapply for certification after a period of three years from the de-certification date.