Part 146 of the Rules of the Chief Administrative Judge requires mediators who wish to serve on court rosters must have taken at least 40 hours of mediation training and must have recent experience mediating actual cases. Part 146.6 requires that the Unified Court System's Division of Alternative Dispute Resolution develop appropriate criteria for the approval of training programs.
Questions concerning Part 146 may be directed by e-mail to [email protected] or by telephone (877-Part-146).
Diversity and Training
The New York State Unified Court System (NYS UCS) serves a wide variety of litigants, including persons of varying age, race, ethnicity, national origin, gender, sexual orientation, physical or mental ability, religion, socioeconomic and family status. The Court recognizes that trainers and neutrals with a wide variety of cultural and life experiences enrich the alternative dispute resolution (ADR) process by bringing diverse perspectives to resolving disputes. It is therefore important that the NYS UCS's ADR Programs attract and retain trainers and neutrals who represent a broad range of personal and professional backgrounds to better serve and instill confidence in participants in the alternative dispute resolution process. To that end, qualified applicants of all backgrounds and experiences are encouraged to apply for admission to NYS UCS ADR Programs.
We encourage trainers to join us this goal in any of the following ways:
- Have a diverse training team
- Dedicate training time to the issue of diversity
- Ensure diversity among training participants
Part 146 Snapshot for Mediation Training Providers
We are not currently accepting applications. We are diligently working on aligning our application and process with the training standards established across the new division of ADR. If you have an existing training to renew, please follow the process outlined in your approval letter or email us at [email protected]. Thank you for your understanding.
Part 146 Snapshot for Apprenticeship Providers
Part 146 Snapshot for Continuing Education Providers
Requirements under Part 146
Pursuant to Part 146 of the Rules of the Chief Administrative Judge, all neutrals must attend at least six hours of additional approved training relevant to their respective practice areas every two years. In deciding whether to re-designate neutrals to rosters, District Administrative Judges or the judges' designees, must determine whether each neutral has complied with section 146.5 Continuing Education for Neutrals.
All ADR neutrals who serve in the court, include those approved under Part 146, must complete at least two (2) hours of anti-bias training every two years. Please see our Anti-Bias Training Guidelines for more information.
Special Requirements for Family Court and Matrimonial Mediators – All roster mediators who mediate family or matrimonial matters for the court under Part 146 of the Rules of the Chief Administrative Judge (22 NYCRR § 146) are required to take at least two (2) hours of continuing education (CE) on Intimate Partner Violence every two years. These CE hours may be applied towards the CE requirement prescribed by Part 146.5.
As outlined in Administrative Order 119a/22, CE on IPV may be offered by the Office of Court Administration’s Division of Alternative Dispute Resolution, legal services organizations, community dispute resolution centers, professional dispute resolution associations, domestic violence advocacy groups, or similar providers.
Continuing Education Guidelines
Providers are encouraged to reference the Continuing ADR Education Guidelines when developing a course for continuing mediator education. The Division of Alternative Dispute Resolution does not approve courses or activities for CE nor does it audit neutrals for compliance with CE requirements. The guidelines are intended to assist providers when developing CE courses and activities and to help neutrals and the local administrative judge, or the administrative judge’s designee, determine whether a neutral’s CE requirements have been met.
Continuing Education and CLE
Continuing ADR education requirements under "Part 146" are different from mandatory continuing legal education "MCLE" (22 NYCRR 1500).
Frequently Asked Questions (FAQs)
Jump to FAQs for: Mediators | Mediation Training Providers
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What is Part 146?
#Part 146 is a rule of the Chief Administrative Judge that establishes qualifications and training for mediators and neutral evaluators who serve on court rosters throughout New York State. The rule does not cover arbitrators and does not cover neutrals who serve in the NYS Unified Court System’s Community Dispute Resolution Centers Program.
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1. What are the qualifications for mediators under Part 146?
#To apply to serve on court rosters, mediators must have successfully completed at least 40 hours of approved training as follows: (Note: The 40 hours may be offered together as one complete program, e.g. 40 hour divorce mediation training.)
- At least 24 hours of training in basic mediation skills and techniques; and
- At least 16 hours of additional training in the specific mediation techniques pertaining to the subject area of the types of cases referred to them
* Mediators must also have recent experience mediating actual cases in the subject area of the types of cases referred to them.
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2. What is an Approved Training?
#An approved training is a mediation course that
- a mediation course provider has submitted to the New York State Unified Court System's ADR Office for approval pursuant to Part 146;
- meets the Mediation Training Curriculum Guidelines;
- has been reviewed and approved by the ADR Office as meeting the requirements of Part 146.
*Please note: the ADR Office does not approve courses submitted by course attendees.
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3. How can I check if a course is approved under Part 146?
#Once courses have been approved, the ADR Office posts the names of approved courses and sponsoring organizations/trainers with relevant contact information. Please see the approved course list.
Please Note: The ADR Office approves courses conducted by trainers who have specifically applied for approval in connection with the course. If a non-approved trainer presents the course, the course will not qualify as Part 146-approved. Please be sure to check the approved course list to find out if the trainer is approved in connection with the course.
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4. How long does the Part 146 approval cover a course?
#Once a course has been approved it will remain approved for five years starting from the date the UCS ADR Office approved the course or the first date of the training, whichever occurred first. To check the coverage period of approved courses, see the approved course list.
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5. How do I join a court roster as a mediator?
#Court-based mediation rosters generally require a combination of mediation training and experience. Some court rosters may also require subject matter expertise. Please note that acceptance on certain rosters may also depend on the court’s need for mediators at any given time. Final placement on any court roster is in the discretion of the local Administrative Judge.
You may use the Application to Mediate for New York State Trial Courts to apply.
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6. What type of mediation experience do I need to serve on a court roster?
#To serve on court rosters, mediators must have recent experience mediating actual cases in the subject area of the types of cases referred to them. See §146.4. It is up to the local Administrative Judge to decide what constitutes recent experience mediating actual cases in his or her particular program or district. Local Administrative Judges may be guided by the UCS ADR Office's Guidelines for Recent Experience Mediating Actual Cases. Please note that a mixture of observation, co-mediation, and participation in an apprenticeship program is often preferred.
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7. I took a course prior to the Part 146 Training Course Application launch date (10-15-2010). May I apply to serve on a local court roster even though the course was not yet approved?
#Yes, you may apply to serve on a local court roster provided that the training you took otherwise meets the requirements of Part 146. Please review the local court program's rules to determine your eligibility for placement. Applicants will be evaluated on a case-by-case basis. Final placement on any court roster is in the discretion of the local Administrative Judge.
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8. Can I get certified as a mediator under Part 146?
#No. New York State does not "certify" mediators. However, mediators who volunteer for Community Dispute Resolution Centers (CDRCs) or who belong to certain ADR member organizations may be certified to mediate through the particular CDRC or member organization.
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01. How does Part 146 affect mediation training providers?
#Part 146 requires that the NYS Unified Court System’s ADR Office develop appropriate criteria for the approval of training programs. If you are a mediation trainer or sponsoring organization, and you apply for and receive written approval from the UCS ADR Office, you may advertise that your course is approved under Part 146 of the Rules of the Chief Administrative Judge.
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02. How can I get my mediation course approved under Part 146?
#If you are a mediation trainer or an organization that sponsors mediation training programs, please consult the Mediation Training Curriculum Guidelines. Next, review the steps for mediation trainers and sponsoring organizations to follow to have their courses approved under Part 146. These steps include the online application.
Note: This section covers approval under Part 146, but does not cover approval for CLE purposes. For CLE provider information, visit the Unified Court System's Continuing Legal Education web pages.
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03. Does Part 146 approve mediation courses offered online?
#Yes. The NYS UCS ADR Office is extending through December 31, 2021, or until further notice, temporary approval of mediation trainings offered online to all 24-Hour Initial and 16-Hour Additional Part 146 approved mediation courses, and to courses that as of May 1, 2020, received a "pending approval" email with some additional requirements. Please see the Part 146 Online Mediation Training Guidelines for more details on what’s required for approved course providers.
The ADR Office will also accept new applications for initial and additional mediation trainings offered online, please see the guidelines for new applicants, section B of the online mediation training guidelines for more information.
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04. The Part 146 Online Mediation Training Guidelines asks trainers to include questions eliciting the effectiveness of the online format in their program evaluations. Do you have examples of these types of questions?
#Yes, see these Sample Online Course Evaluation Questions for some examples of the types of questions you may want to consider.
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05. Do I have to offer two separate courses of 24 hours and 16 hours each?
#No. You may offer one course that covers the topics highlighted in the Mediation Training Curriculum Guidelines. (e.g. 40-hour divorce mediation training)
Please deduct lunch and any short breaks in excess of 30 minutes or two-15 minute breaks on any given day when calculating the number of hours.
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06. When do I have to submit the application for approval of a mediation training course?
#The application and accompanying materials must be received by the UCS ADR Office at least 60 days before the date of the scheduled training.
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07. When can I advertise my training program as approved under Part 146?
#If you have reviewed the Mediation Training Curriculum Guidelines, completed an application and submitted accompanying materials, and received a written approval from the UCS ADR Office, you may advertise your training program as approved under Part 146. It is important to clarify to course registrants that this does not guarantee their acceptance on a court roster.
If you have completed an application and received email notification that your application is being considered for approval, you may advertise that your training course is pending approval under Part 146 by the New York State Unified Court System’s Office of ADR Programs.
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08. How long does course approval take from the time the application is complete?
#Course approval may take up to 60 days from the date all requested material was received. However, the UCS ADR Office will work with you to review and process applications as quickly and efficiently as possible.
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09. The course I am offering is to take place in less than 60 days. May I still apply to have my course approved?
#Yes. Please submit your application and all required materials as soon as possible. Once the UCS ADR Office has received a complete application package, we will work with you to review and process applications as quickly and efficiently as possible.
If you have completed an application and received email notification that your application is being considered for approval, you may advertise that your training course is pending approval under Part 146 by the New York State Unified Court System's Office of ADR Programs.
Attendees may still apply to serve on local court rosters while course approval is pending. Please see the Part 146 FAQ's for mediators above.
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10. How can prospective registrants check if a course is approved under Part 146?
#Once courses have been approved, the UCS ADR Office posts the names of approved courses and sponsoring organizations/trainers with relevant contact information. You may review the approved course list.
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11. How long does the Part 146 approval cover a course?
#Once a course has been approved it will remain approved for three years starting from the date the UCS ADR Office approved the course or the first date of the training, whichever occurred first. To check the coverage period of approved courses, see the approved course list.
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12. My course has been approved, what’s next?
#The UCS ADR Office asks that all trainers offering Part 146 Approved Courses during their five-year approval period notify us of upcoming trainings. If the UCS ADR Office has approved your course in the last five years and it will be taught by the same trainer(s) simply send an email to [email protected] listing the name of the course and the location and date(s) of the upcoming training and include any updates we may have requested in the initial approval letter. Upon receiving notification, the UCS ADR Office will post your Part 146 approved training on our Upcoming Trainings page.
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13. The UCS ADR Office has approved my course, but another trainer will be presenting it next time. Do I have to reapply for course approval?
#Yes. The UCS ADR Office approves courses conducted by trainers who have specifically applied for approval in connection with the course. If your course has been approved but another trainer will present it in an upcoming training, you must resubmit the agenda and the application with the new trainer’s information and include the new trainer’s resume. If a non-approved trainer presents the course, the course will not qualify as Part 146-approved.
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14. What if I have questions about Part 146 or about the approval process?
#Send an email to [email protected] or call 1-877-Part-146.