S.D. Codified Laws § 25-4-58.1

Current through the 2024 Legislative Session

Section 25-4-58.1 - Minimum qualifications for family court mediators

To be eligible as a court appointed family court mediator under § 25-4-56, a mediator must have the following minimum qualifications:

(1) A mediator must file an approved application on the prescribed form with the presiding judge for the circuit or circuits in which the mediator will conduct mediations. See prescribed form attached as Exhibit A.

(2) A mediator must have both a minimum of forty (40) hours mediation training, plus experience in actual mediation sessions by consulting with a mediator approved under this rule for at least three mediation sessions. In place of forty (40) hours' training and consultation, a person may, with court approval, qualify as a mediator if that person has had five years' experience in mediating custody and visitation issues with a minimum of twenty (20) mediations during that period. A mediator must have competence in the following areas:

(a) General knowledge of the South Dakota court system and its procedures in contested family matters;

(b) General knowledge of South Dakota family law, especially as applied to custody and visitation issues;

(c) Knowledge of child development and specifically the impact of divorce or separation on family members;

(d) Knowledge of resources available in the state to which the parties and the children can be referred for assistance;

(e) Knowledge of interviewing and mediation techniques applicable to the family setting.

(3) A mediator must be committed to and participate in continuing education courses.

EXHIBIT A

MEDIATOR APPLICATION FORM

UNIFIED JUDICIAL SYSTEM OF SOUTH DAKOTA

____________________________ CIRCUIT COURT

Name: ___________________________________________________________

Address: _________________________________________________________

______________________________________________________________________

Day time Phone: ________________________________________________________

Instructions: Please complete the following questionnaire as specified under each section. If additional space is needed, attach a sheet for each area making sure to indicate the section of the questionnaire to which you are responding. This form must be filed with the Presiding Judge for each circuit in which you intend to participate in court appointed mediation.

1) Provide your professional background including degree(s), certificate(s), practice specialization(s), years of experience and special training:

________________________________________________________________________

2) Provide a full and complete disclosure of all professional employment experiences whether in the field of mediation or in any other field:

________________________________________________________________________

3) Provide complete information regarding any training, seminars, workshops, etc., you deem pertinent to mediation:

________________________________________________________________________

4) Provide the number of mediations in which you have been involved giving approximate dates of those mediations if available. Please indicate how many of the mediations were successful.

________________________________________________________________________

5) Describe methods of mediation you have used and time required to conduct a typical mediation:

________________________________________________________________________

6) Please describe how fees and costs are calculated for completion of a typical mediation:

________________________________________________________________________

7) Please describe the requirements for payment of fees:

________________________________________________________________________

I am aware of and agree to abide by the principles and guidelines set out in the Interim Standards for Mediators as promulgated by the Supreme Court of South Dakota.

________________________________________________________

Signature

________________________________________________________

Date

NOTE: This form must be updated as changes to the information occur or at least annually.

Approved:

________________________________________________________

Presiding Circuit Judge

SDCL 25-4-58.1

Supreme Court Rule 96-7; Supreme Court Rule 97-41; SL 2012, ch 262 (Supreme Court Rule 12-08), eff. July 1, 2012.