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Standards for 30 Hour Family Mediation Training

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Standards for State Required Training
for Court Appointed Mediations
Involving Parent-Child Relationship

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TEXAS STATUTE:
ALTERNATIVE DISPUTE RESOLUTION PROCEDURES ACT

Chapter 154.052. Qualifications of Impartial Third Party - Texas Civil Practice
and Remedies Code
(b)   To qualify for an appointment as an impartial third party under this subchapter in a dispute relating to the parent-child relationship, a person must complete the training required by Subsection (a) and an additional 24 hours of training in the fields of family dynamics, child development, and family law.
(c)   In appropriate circumstances, a court may in its discretion appoint a person as an impartial third party who does not qualify under Subsection (a) or (b) if the court bases its appointment on legal or other professional training or experience in particular dispute resolution processes.

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FAMILY MEDIATION TRAINING STANDARDS
Adopted by the Texas Mediation Trainers Roundtable*

Administrative procedures included in the 40-hour standards also apply to the Family Mediation Training Standards.

Minimum course time:** 30 hours

Effort to incorporate Academy of Family Mediators requirements, including the following identified outcomes-

  1. Awareness of theories and current research and literature underlying conflict and its resolution, and their applicability to family mediation;
  2. Ability to screen for appropriateness of mediation, including knowledge and ability to screen for domestic violence and an awareness of appropriate response(s) when domestic violence or its potential has been identified;
  3. Awareness of the consequences of separation/divorce for adults and children;
  4. Ability to work with the substantive information encountered in separation/divorce mediation;
  5. Ability to facilitate problem solving between the parties, especially in the areas of divorce including, but not limited to, parenting, support, division of assets/liabilities, insurance, tax filing, and the like; and
  6. Ability to recognize when the assistance of other professionals might be helpful to the mediation process and to facilitate this discussion with the parties.

Below are the six main topics which should be covered, with recommended time allocations, and the various issues which might be included under each topic:

  1. Family Law (minimum of 4 hours)
    1. Overview of legal system and terms relating to family law
      1. History and evolution of legal rights of parents
      2. Parentage (never married parents)
      3. Suits affecting the parent-child relationship (SAPCR)
      4. Dissolution of marriage
      5. Adult guardianship
    2. Allocation of resources
      1. Itemization, characterization, valuation and division of assets and liabilities
      2. Finances
      3. Taxes
    3. Parenting Plans
      1. Conservatorship
      2. Parental rights and duties
      3. Parental access
      4. Child support
      5. Non-parental access (grandparents, etc.)
      6. Special issues of children with disabilities
  2. Family Dynamics (minimum of 3 hours)
    1. Family Systems
    2. Blended Families
    3. Psychological aspects of divorce and parenting
  3. Child Development (minimum of 2 hours)
    1. Stages of development
    2. impact and response to divorce
  4. Family Violence (minimum of 4 hours)
    1. Screening
    2. impact of statutory requirements
    3. Dynamics. of family violence patterns, including power imbalances
    4. Effect of family violence on children
    5. Child abuse
    6. Substance abuse
    7. Stalking
    8. Protective orders
    9. Reporting laws and procedures
    10. Anger management
    11. Mediation safety plans, including caucus models
    12. Violent children
  5. Practice Considerations
    1. Ethics (minimum of 2 hours)
    2. Agreement memorialization
    3. Unauthorized practice of law (UPL)
    4. Pro se cases
    5. Enforcement
    6. Styles-of-mediation Self-awareness
    7. impact of cultural differences
  6. Skills
    1. Communication
    2. Relationship-building
    3. Information gathering
    4. Problem solving
    5. Conflict resolution theory
    6. Referrals to professional support services (such as, social study/psychological evaluation, therapy, parenting education program, anger management counseling, family violence shelter, certified financial planning, certified public accountanting, etc.)

Role Play: 6 hours minimum (including demonstrations, simulations, debriefing)

Teaching Techniques to be Used:

  1. Lecture, interactive exercises, video, discussion, role-play

Lead Trainer Qualifications:

  1. Meets the Texas training requirements of 40 + 24 hours of training for parent-child mediations
  2. 2 years experience as a family mediator
  3. Experience in doing professional training

*   Adopted September 11, 2000
**  Note that TMTR, in agreement with other national and state organizations using the standards promoted by ACR, has raised the number of required hours to accommodate the need for training on domestic violence and to raise the time spent on roleplay.

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________________________________________________________________________________

ENDORSEES
Of  The Texas Mediation Trainers Roundtable Standards
30 Hour Family Mediation Training

An Endorsee agrees to comply with these standards in the Family Mediation Training courses (s)he offers.  To add your name, please contact Bob Good or Cindy Bloodsworth.

Kay Elliott
Elliott Mediation
Granbury, Texas

Glenn Currier
El Centro College
Dallas, Texas

Alamo Area Mediators Association
Ann Davenport
President
408 Bluebonnet Dr.
Kerrville, TX 78028

Bexar County Dispute Resolution Center
Bexar County Justice Center
300 Dolorosa, Suite 1102
San Antonio, TX 78205

Susan E. Cefai
Attorney-Mediator
13740 Research Blvd., Suite H-3
Austin, TX 78750

Chorda Conflict Management, Inc.
Diane Slaikeu, J.D.
Attorney/Mediator
1717 West 6th St., Suite 215
Austin, TX 78703

Chorda Conflict Management, Inc.
Karl A. Slaikeu, Ph.D.
Psychologist/Mediator
1717 West 6th St., Suite 215
Austin, TX 78703

Dr. Diana Dale and Elizabeth Burleigh, J.D.
Worklife Institute
1700 St James Place, Suite 550
Houston, TX  77056

Diana Walker, J.D.
Attorney/Mediator
1717 West 6th St., Suite 215
Austin, TX 78703

Christian Peace Makers
Don R. Kelly, CEO
P.O. Box 48282
Watauga, TX 76148

Dr. Deidra Davidson
Director of Training and Community
Relations
Dispute Resolution Center
Austin (Travis County)
5407 N. IH-35, Suite #410
Austin, TX 78723

Dispute Resolution Center of Jefferson County
Cindy Bloodsworth
Executive Director
215 Franklin, Suite 131A
Beaumont, TX 77701

Dispute Resolution Services of Tarrant County, Inc.
Bob Good, Executive Director
131 East Exchange Ave., Suite 208
Fort Worth, TX 76106

Dr. Nancy K. Ferrell
Professional Services & Education
7151 Gaston Ave., #704
Dallas, TX 75214-6103

Fort Bend Dispute Resolution Center
Walter L. Krudop
P.O. Box 631747
Huntsville, TX 77263-1747

Laura Otey
2008 Griswold Lane
Austin, TX 78703

Mediation Dynamics
Mark W. Batchelder
3719 S. University Drive
Fort Worth, TX 76109-3719

Bernard T. McCutchen
4810 Casa Bello Street
San Antonio, TX 78233-6405
Office of Students' Legal & Mediation Services

Sam Houston State University
James W. Gibson
P.O. Box 2059
Huntsville, TX 77340-2059

Settlement Solutions, Inc.
Jane Arnold, President
2200 Forest Park Boulevard
Fort Worth, TX 76110

Liz Wally
Trainer
5528 Victor Street
Dallas, TX 75214

Dr. Lynelle C. Yingling
Director, Council for Human Systems
Development
570 E. Quail Run Road
Rockwall, TX 75087

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