OAR 325-035-0035: Mediator Qualifications

(1) The Commission will consider a mediator to have met the required qualifications if the individual has: (a) Formally mediated 50 cases or engaged in 500 hours of formal mediation; (b) Completed 30 hours of education meeting the standards in Appendix A or equivalent training; (c) Received an orientation to Early Discussion and Resolution, made available by the Commission; (d) Completed at least 16 additional hours of professionally accredited subject-specific training (which may include, but is not limited to: training related to medicine, health care, medical or hospital culture, health care transformation, mental health, grief counseling, psychology, risk management, key substantive, procedural or evidentiary laws relating to personal injury or adverse health care incidents, and adverse incident mediation discussion or role-playing); (e) Have at least 150 hours of experience dealing with cases or matters that involve medical malpractice or personal injury as a mediator, facilitator, doctor, nurse, social worker, judge, consultant, psychologist, or attorney; and (f) Provided the ethics and standards of practice to which they adhere. (2) A mediator may request a waiver from the Commission from any mediator qualification. Such a request must be in writing and must describe why the qualification cannot be met and the facts that otherwise make the mediator qualified to be listed on the panel. The Commission may, in its discretion, waive a requirement for mediator qualification if it appears that the mediator has qualifications or the experience necessary to appropriately mediate matters involving adverse health care incidents. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]