NCJ Number
93369
Date Published
1983
Length
27 pages
Annotation
These rules, regulations, and guidelines for the Oklahoma Dispute Resolution Act cover the roles and standards for Advisory Board members, mediators, and attorneys and outline the resolution process through a clarification of legal and legislative issues such as jurisdiction, continuance, and amendment and referral procedures.
Abstract
Disputes subject to mediation include criminal misdemeanors and nonviolent felonies; civil cases which fall under small claims jurisdiction; and consumer, domestic, housing, and employment matters. Issues ineligible for dispute resolution include violent felonies, consumer or contractual complaints involving large sums of money or very complex issues, and disputes where the complainant's desired outcome would be impossible to negotiate (e.g., revenge, retribution, or punishment). The 15 Advisory Board members review, supervise, and evaluate dispute resolution programs. The guidelines contain criteria for Board selection, terms of office, and ethical standards and conduct. The roles of attorneys participating in mediation hearings are detailed, including a proscription against interrogating the opposing party during the mediation hearings. Mediators are required to undergo at least 20 hours of initial mediation training, including instruction and practice in calming techniques, listening skills, negotiations, and working toward agreement. Mediators must hold agency 'satisfactory' evaluations and must participate in ongoing continuing education, including academic coursework, conference attendance, or agency-sponsored group supervision. Additional responsibilities and standards for mediators are covered in the 'Code of Professional Conduct' included in the document. Items to be covered in required annual reports are listed, and definitions of dispute resolution terms are provided.