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Qualification and Requalification Requirements for the Panel of IP Neutrals of Canada
1. Mediation Neutral Qualification. In order to be appointed as an Approved Mediation Neutral of IP Neutrals of Canada (“IP Neutrals”), an applicant must be held in high regard in the Canadian IP community, and have:
- at least fifteen (15) years of IP experience as a lawyer, patent agent and/or trade-mark agent in Canada; and
- taken accredited mediation training courses totaling at least thirty-five (35) hours (provided that up to seven (7) hours of the thirty-five (35) hours may be fulfilled by shadowing one or more mediations); and
- acted as a mediator in at least two (2) mediations or as lead counsel in at least seven (7) mediations.
2. Term of Qualification or Requalification. The term of an Approved Mediation Neutral is five (5) years from qualification or requalification.
3. Mediation Neutral Requalification. In order to be reappointed as an Approved Mediation Neutral upon the expiry of the initial term of qualification or the expiry of any subsequent five (5) year term of requalification, an Approved Mediation Neutral must be in good standing as provided in section 4 below and, during the immediately preceding five (5) year period, must have:
- taken and/or taught mediation training courses totalling ten (10) training units in some combination, where:
- each hour of taking a mediation training course provided by a recognized domestic or foreign organization constitutes one (1) training unit; and
- each hour of teaching any mediation training course constitutes two (2) training units; or
- acted as a mediator in at least two (2) mediations; or
- acted as lead counsel in at least seven (7) mediations; or
- received a waiver by a majority vote of the members of IP Neutrals based on extenuating circumstances.
4. Good Standing. An Approved Mediation Neutral shall be considered to be in good standing if the Approved Neutral has paid all prescribed fees within the prescribed time, and remains held in high regard in the Canadian IP community.
5. Evidence. In applying for qualification or requalification, a member shall submit to IP Neutrals a written statement indicating the basis for satisfaction of the requirements for qualification or requalification.
6. Appointment, Reappointment or Removal by Board. An appointment, reappointment or removal of any Approved Mediation Neutral shall be determined by the Board of Directors of IP Neutrals.