By Timothy Cole, Friend of the Court Bureau Management Analyst
MCR 3.224 requires the State Court Administrative Office (SCAO) to establish training and qualifications requirements for friend of the court (FOC) alternative dispute resolution (ADR) providers. MCR 3.224 outlines three basic FOC ADR services - 1) FOC domestic relations mediation, 2) facilitative and information-gathering conferences (FIGCs), and 3) joint meetings. This article will provide SCAO training and qualifications, information on Circuit Courts requesting a waiver for training and qualifications, and information on training opportunities.
Education requirements
The education requirements to provide FOC domestic relations mediation and FIGC is a bachelor’s degree in social sciences, education, or a related field, or a juris doctorate. For joint meetings the education requirements are a bachelor’s degree in social sciences, education, or a related field, or an associate degree and two years of experience working with families.
Experience and Skills
Individuals hired by the FOC to conduct mediations or FIGCs must
have the following experience and skills:
- Two years of experience as a caseworker working with families, or similar work as a court employee, or in a related field;
- Ability to relate effectively to the public; and
- Ability to speak and write effectively.
Training Requirements
FOC staff who provide FOC mediation must have completed a training
program approved by the State Court Administrator. The training must include the following:
- Custody, parenting time, and child support principles and concepts;
- Interest-based negotiations;
- Diversity and cultural competency;
- Experiential learning (i.e. role-playing);
- General knowledge of domestic relations statutes, court rules, and case law;
- Domestic violence training; and
- Report writing
Training requirements to provide FIGCs are the same as those for
FOC domestic relations mediation with the additional requirement of training in
testifying in court. For joint meetings the FOC employee must receive training
in the dynamics of domestic violence and in handling domestic relations matters
that have a history of domestic violence. [MCL552.519(3)(b)].
Additional
Training
In addition to the training listed above a friend of the court
domestic relations mediator or FIGC facilitator shall:
- Observe two mediations conducted by an approved mediator;
- Be observed while conducting one mediation to conclusion under the direction and supervision of an approved mediator;
- Obtain eight hours of continuing education each two-year period; and
- Meet any additional qualifications determined by the chief judge.
FIGC facilitators can observe two FIGCs in place of mediations to
meet SCAO requirements.
Waiver Request
MCR
3.224(J)(2) allows trial courts to request a waiver of ADR training and
qualification requirements from the SCAO. The chief circuit court judge must
complete the waiver form for each ADR provider who does not meet the
requirements. There are two situations when the chief judge would request a
waiver. One is when a person who meets the SCAO training and qualification
requirements is not reasonably available, and the proposed ADR provider has experience,
training, and qualifications equivalent to those established by the SCAO. The
other is when an ADR provider does not meet all the training and qualifications
but will soon complete the requirements. If the SCAO approves the waiver, it
may be conditioned on further training and qualifications, or the proposed ADR
provider may be approved subject to limitations on the type of ADR the person
can provide. The waiver request form is available at FOC
exemption and should be submitted to the appropriate regional administrator
for approval.
Training
Opportunities
There are a number of opportunities for FOC ADR providers to
obtain the required SCAO training.
On the second Thursday of each month, the SCAO hosts an FOC
Custody, Parenting Time, ADR one-hour training. The first half-hour is devoted
to a specific training topic; the last half-hour is for FOC ADR, custody, and
parenting time staff to share ideas, suggestions, and information.
The Michigan Association of Court Mediators (MACM) holds an annual
conference April 19, 20, 21, 2023 at MACM (Michigan Association of Court
Mediators) at the Homestead in Glen Arbor Michigan. FOC staff who attend the
entire conference will meet the eight hours of continuing education
requirements for the next two years. The
conference will include presentations on: FOC domestic relations mediation, FIGCs,
ADR skills building, and MiResolve. The
Michigan Family Support Council also offers custody, parenting time, and ADR
workshops at its Annual Conference. This year’s conference will be held October
4th, 5th, and 6th, 2023.
The State Court Administrative Office (SCAO) Friend of the Court
Bureau will be conducting a 20-hour Alternative Dispute Resolution training
August 15 through August 17, and August 22, and 23, 2023. This training meets
SCAO’s training requirements for friend of the court staff to conduct friend of
the court domestic relations mediation and FIGCs. Additional information about
the training will be provided by the Michigan Judicial Institute at a later
date.
