§ 1833.Options to Operating a Mediation Program Or Referring Matters Exclusively to Mediators Or Programs Qualified Under the Dispute Resolution Act

Chapter 38A: Choice in Mediation Act · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceLists eight ways an entity can structure its Choice in Mediation Act program -- from using Dispute Resolution Act-certified mediators to becoming a Dispute Resolution Act center itself, contracting out training, or letting the parties pick their own mediator -- without being locked into the Dispute Resolution Act's framework.

Full Text of § 1833

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Nothing in the Choice in Mediation Act shall require any such county, municipality, accredited law school, school district, board, commission, department, or agency of this state or its political subdivisions to operate a mediation program under the auspices of the Dispute Resolution Act or to refer matters for mediation exclusively to mediators or programs qualified under the Dispute Resolution Act. Instead, any such entity may elect to do one or more of the following:

1. Utilize mediators certified under the Dispute Resolution Act or qualified under the District Court Mediation Act;

2. Specify required training in addition to that required for certification under the Dispute Resolution Act or qualification under the District Court Mediation Act in order to receive referrals or disputes for mediation;

3. Maintain a list of qualified mediators to whom it may refer disputes for mediation;

4. Contract with the Administrative Office of the Courts to provide training for a fee for mediators to whom it may refer disputes for mediation;

5. Refer disputes to a center under the Dispute Resolution Act to be mediated under the rules and procedures applicable to such center;

6. Elect to be treated as a center for all purposes under the Dispute Resolution Act and make appropriate application pursuant to the Dispute Resolution Act;

7. Contract with another public agency providing mediation services under the Choice in Mediation Act or with a private individual, company, or organization, whether for-profit or not-for-profit, to provide mediators or mediation training or both, so long as the contracting entity requires certification of mediators under the Dispute Resolution Act, or qualification of mediators under the District Court Mediation Act, if applicable; or

8. Utilize a mediator of the parties' choice.

End

Amendment History

Added by Laws 2002, HB 1939, c. 468, §13, emerg. eff. 11/1/2002.

Plain-English Summary

Section 1833 makes clear that setting up a mediation program under the Choice in Mediation Act doesn't require operating under the Dispute Resolution Act or referring disputes only to Dispute Resolution Act-qualified mediators. Instead, an entity can elect to do one or more of eight things: use mediators certified under the Dispute Resolution Act or qualified under the District Court Mediation Act; require additional training beyond what those acts demand; keep its own list of qualified mediators; contract with the Administrative Office of the Courts for fee-based mediator training; refer disputes to a Dispute Resolution Act center; elect to be treated as a Dispute Resolution Act center itself; contract with another public or private mediation provider (as long as that provider requires Dispute Resolution Act certification or District Court Mediation Act qualification where applicable); or use a mediator the parties choose.

Frequently Asked Questions

Does an agency's mediation program have to follow the Dispute Resolution Act?

No -- it can choose to, but this section says it isn't required to operate under the Dispute Resolution Act or refer only to Dispute Resolution Act-qualified mediators.

Can a program just let the parties pick whoever they want as mediator?

Yes -- one of the eight listed options is to "utilize a mediator of the parties' choice."

Can an agency contract with a private company to supply mediators?

Yes, as long as that company requires its mediators to be Dispute Resolution Act-certified or District Court Mediation Act-qualified, where applicable.

Can a program become a Dispute Resolution Act center instead of running its own?

Yes -- one option lets it elect to be treated as a center for all Dispute Resolution Act purposes and apply accordingly.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: mediation program options oklahoma choice actdoes mediation program have to use DRA mediatorselect to be treated as dispute resolution center12 O.S. § 1833