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