OAR 137-130-0110
Mediator Qualifications, Training and Experience
(1)
The Mediation Service Provider shall publish, in writing and on its website, an Environmental Claims Mediator Roster composed of those Mediators who meet or exceed the minimum qualifications set forth below, and who have entered into an agreement with the Mediation Service Provider for the provision of Environmental Claims Mediation.(2)
To be included on the Environmental Claim Mediation Roster a mediator must:(a)
Provide the MSP with the mediator’s experience and education, including but not limited to:(A)
The number of mediations conducted, approximate number of hours of mediation experience, and approximate number of hours dealing with cases or matters related to environmental matters or insurance claims;(B)
General mediator training;(C)
Specific subject training;(D)
Education level; and(E)
Continuing education.(b)
Provide to the MSP the Mediator’s:(A)
Professional standards of mediation practice to which the mediator adheres;(B)
Contact information;(C)
Languages spoken;(D)
Website links, if applicable;(E)
Counties of Oregon where they are willing to serve and the counties they are able to serve without charging travel expenses; and(F)
Fee information.(c)
Certify to the MSP that the Mediator has:(A)
The equivalent of at least 5 (five) years of full-time experience in the environmental or insurance fields in their professional capacity. This professional role may have included, but is not limited to, the role of attorney, insurance or environmental professional, judge, hearing officer or mediator;(B)
Conducted at least 20 Mediations of any type or subject matter and have over 200 hours of experience as a Mediator; or(C)
Conducted 5 (five) mediations involving environmental insurance claims.(d)
Certify to the MSP that the Mediator has participated in or conducted 30 hours of basic mediator training meeting the standards in Section 3.2 of the Oregon Judicial Department Court Connected Mediator Qualification Rules effective August 1, 2005, or a comparable, integrated training;(e)
Certify to the MSP that the Mediator has, within five years prior to the date of application to join the Roster, participated in a total 16 hours of training in the following areas:(A)
Program orientation approved by the MSP; and(B)
Subject-matter training related to environmental matters or insurance claims, including but not limited to:(i)
Environmental cleanup;(ii)
Key cases and substantive law related to environmental insurance claims;(iii)
Court procedures, laws and rules relevant to environmental insurance claims; or(iv)
Role playing exercises involving the negotiated or mediated resolution of environmental insurance claims.(f)
Certify to the MSP that the Mediator will, if included on the Roster, complete 6 (six) hours of continuing education every two years on topics related to environmental matters or insurance claims in a course approved for continuing education by the MSP, a state or national professional accrediting organization or bar association.(3)
A Mediator who meets the minimum qualifications as a Mediator under these rules and is added to the Environmental Claims Mediator Roster may not represent that fact as license or certification of their competency for anything other than their role in the Environmental Claims Mediation Program.(4)
Notwithstanding any other provision of these rules:(a)
If all the parties to an Environmental Claims Mediation agree in writing to the use of a mediator who is not on the Environmental Claims Mediator Roster, and that Mediator enters into an agreement with the MSP as provided in Section (1) of this rule, that Mediator may serve as the Mediator in that specific matter.(b)
A mediator who enters into an agreement under section 4(a) of this rule may be included on the Environmental Claims Mediator Roster upon satisfaction of the requirements of (2)(a), (2)(b), (2)(d) and certification that the Mediator has completed the program orientation referred to in section (2)(e)(A) of this rule.(5)
Notwithstanding any other provision of these rules, if a Mediator is eligible for inclusion on the Environmental Claims Mediator Roster on the basis that they have conducted 5 (five) or more mediations involving environmental insurance claims, the Mediator shall be excused from compliance with the requirements of (2)(d), (2)(e)(B) and (2)(f) above.(6)
Upon becoming aware that a mediator does not meet the requirements of this rule or has performed in a manner inconsistent with the mediator’s professional standards identified in section 2(b)(i) of this rule, the MSP shall remove that mediator from the Roster.
Source:
Rule 137-130-0110 — Mediator Qualifications, Training and Experience, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-130-0110.