North Carolina: Certification for Mediators in District Criminal Courts
North Carolina Rules of Court
Rule 8

Description: RULE 8. MEDIATOR CERTIFICATION AND DECERTIFICATION The Dispute Resolution Commission may receive and approve applications for certification of persons to be appointed as Superior Court mediators. For certification, a person shall: A. Have completed a minimum of 40 hours in a trial court mediation training program certified by the Dispute Resolution Commission, or have completed a 16 hour supplemental trial court mediation training certified by the Commission after having been certified by the Commission as a family financial mediator; B. Have the following training, experience and qualifications: (1) An attorney may be certified if he or she: (a) is either: (i) a member in good standing of the North Carolina State Bar, pursuant to Title 27, N.C. Administrative Code, The N.C. State Bar, Chapter 1, Subchapter A, Section .0201(b) or Section .0201(c)(1), as those rules existed January 1, 2000, or (ii) a member similarly in good standing of the Bar of another state and a graduate of a law school recognized as accredited by the North Carolina Board of Law Examiners; demonstrates familiarity with North Carolina court structure, legal terminology and civil procedure; and provides to the Dispute Resolution Commission three letters of reference as to the applicant's good character, including at least one letter from a person with knowledge of the applicant's practice as an attorney; and (b) has at least five years of experience as a judge, practicing attorney, law professor and/or mediator, or equivalent experience. Any current or former attorney who is disqualified by the attorney licensing authority of any state shall be ineligible to be certified under this Rule 8.B.(1) or Rule 8.B.(2). (2) A non-attorney may be certified if he or she has completed the following: (a) a six hour training on North Carolina court organization, legal terminology, civil court procedure, the attorney-client privilege, the unauthorized practice of law, and common legal issues arising in Superior Court cases, provided by a trainer certified by the Dispute Resolution Commission; (b) provide to the Dispute Resolution Commission three letters of reference as to the applicant's good character, including at least one letter from a person with knowledge of the applicant's experience claimed in Rule 8.B.(2)(c); (c) one of the following; (i) a minimum of 20 hours of basic mediation training provided by a trainer acceptable to the Dispute Resolution Commission; and after completing the 20 hour training, mediating at least 30 disputes, over the course of at least three years, or equivalent experience, and either possess a four-year college degree from an accredited institution, except that the four-year degree requirement shall not be applicable to mediators certified prior to January 1, 2005 or and have four years of professional, management or administrative experience in a professional, business, or governmental entity; or (ii) ten years of professional, management or administrative experience in a professional, business, or governmental entity and possess a four-year college degree from an accredited institution, except that the four-year degree requirement shall not be applicable to mediators certified prior to January 1, 2005. (d) Observe three mediated settlement conferences meeting the requirements of Rule 8.C. conducted by at least two different certified mediators, in addition to those required by Rule 8.C. (3) Any person who has not been certified as a mediator pursuant to these rules may be certified without compliance with Rule 8.A., Rule 8.C., and the other provisions of Rule 8.B. if : (a) the applicant for certification applies for certification before September 1, 2006, and (b) the applicant has, by selection of the parties, mediated at least ten cases in the North Carolina Superior Court, North Carolina Industrial Commission, North Carolina Office of Administrative Hearings, North Carolina Court of Appeals, or United States District Courts for North Carolina before September 1, 2005, as shown by proof satisfactory to the Dispute Resolution Commission. C. Observe two mediated settlement conferences conducted by a certified Superior Court mediator; (1) at least one of which must be court ordered by a Superior Court, (2) the other may be a mediated settlement conference conducted under rules and procedures substantially similar to those set out herein , in cases pending in the North Carolina Court of Appeals, North Carolina Industrial Commission, the North Carolina Office of Administrative Hearings, the North Carolina Superior Court or the United States District Courts for North Carolina. D. Demonstrate familiarity with the statute, rules, and practice governing mediated settlement conferences in North Carolina; E. Be of good moral character and adhere to any standards of practice for mediators acting pursuant to these Rules adopted by the Supreme Court. Applicants for certification and re-certification and all certified Superior Court mediators shall report to the Commission any criminal convictions, disbarments or other disciplinary complaints and actions as soon as the applicant or mediator has notice of them; F. Submit proof of qualifications set out in this section on a form provided by the Dispute Resolution Commission; G. Pay all administrative fees established by the Administrative Office of the Courts upon the recommendation of the Dispute Resolution Commission; H. Agree to accept as payment in full of a partyAs share of the mediatorAs fee, the fee ordered by the Court pursuant to Rule 7; and, I. Comply with the requirements of the Dispute Resolution Commission for continuing mediator education or training. (These requirements may include completion of training or self-study designed to improve a mediator's communication, negotiation, facilitation or mediation skills; completion of observations; service as a mentor to a less experienced mediator; being mentored by a more experienced mediator; or serving as a trainer. Mediators shall report on a Commission approved form.) Certification may be revoked or not renewed at any time it is shown to the satisfaction of the Dispute Resolution Commission that a mediator no longer meets the above qualifications or has not faithfully observed these rules or those of any district in which he or she has served as a mediator. Any person who is or has been disqualified by a professional licensing authority of any state for misconduct shall be ineligible to be certified under this Rule.

System Snapshot

457
People

245
Organizations

108
Statutes

471
Publications


Recent Post

Bullet Welcome to RJC!

Bottom Image
Bottom Rule

Georgia State Law The Consortium on Negotiation and Conflict Resolution Council For Restorative Justice Georgia State School of Social Work

Disclaimer: The contents of this website are not intended to be nor should they be construed as legal advice. Although the Restorative Justice Clearinghouse (RJC) strives to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. Further, RJC is not responsible for any errors or omissions, or for the results obtained from the use of this information.