§ 7A-38.2. Regulation of mediators and other neutrals.
§ 7A‑38.2. Regulationof mediators and other neutrals.
(a) The Supreme Courtmay adopt standards of conduct for mediators and other neutrals who arecertified or otherwise qualified pursuant to G.S. 7A‑38.1, 7A‑38.3,7A‑38.3B, 7A‑38.3D, and 7A‑38.4A, or who participate inproceedings conducted pursuant to those sections. The standards may alsoregulate mediator and other neutral training programs. The Supreme Court mayadopt procedures for the enforcement of those standards.
(b) The administrationof the certification and qualification of mediators and other neutrals, andmediator and other neutral training programs shall be conducted through theDispute Resolution Commission, established under the Judicial Department. TheSupreme Court shall adopt rules and regulations governing the operation of theCommission. The Commission shall exercise all of its duties independently ofthe Director of the Administrative Office of the Courts, except that theCommission shall consult with the Director regarding personnel and budgetingmatters.
(c) The DisputeResolution Commission shall consist of 16 members: five judges appointed by theChief Justice of the Supreme Court, at least two of whom shall be superiorcourt judges, and at least two of whom shall be district court judges; oneclerk of superior court appointed by the Chief Justice of the Supreme Court;two mediators certified to conduct superior court mediated settlementconferences and two mediators certified to conduct equitable distributionmediated settlement conferences appointed by the Chief Justice of the SupremeCourt; one certified district criminal court mediator who is a representativeof a community mediation center appointed by the Chief Justice of the SupremeCourt; two practicing attorneys who are not certified as mediators appointed bythe President of the North Carolina State Bar, one of whom shall be a familylaw specialist; and three citizens knowledgeable about mediation, one of whomshall be appointed by the Governor, one by the General Assembly upon therecommendation of the Speaker of the House of Representatives in accordancewith G.S. 120‑121, and one by the General Assembly upon therecommendation of the President Pro Tempore of the Senate in accordance withG.S. 120‑121. Members shall initially serve four‑year terms, exceptthat one judge, one mediator, one attorney, and the citizen member appointed bythe Governor, shall be appointed for an initial term of two years. Incumbentmembers as of September 30, 1998 shall serve the remainder of the terms towhich they were appointed. Members appointed to newly‑created membershippositions effective October 1, 1998 shall serve initial terms of two years.Thereafter, members shall serve three‑year terms and shall be ineligibleto serve more than two consecutive terms. The Chief Justice shall designate oneof the members to serve as chair for a two‑year term. Members of theCommission shall be compensated pursuant to G.S. 138‑5.
Vacancies shall be filled forunexpired terms and full terms in the same manner as incumbents were appointed.Appointing authorities may receive and consider suggestions and recommendationsof persons for appointment from the Dispute Resolution Commission, the FamilyLaw, Litigation, and Dispute Resolution Sections of the North Carolina BarAssociation, the North Carolina Association of Professional Family Mediators,the North Carolina Conference of Clerks of Superior Court, the North CarolinaConference of Court Administrators, the Mediation Network of North Carolina,the Dispute Resolution Committee of the Supreme Court, the Conference of ChiefDistrict Court Judges, the Conference of Superior Court Judges, the Director ofthe Administrative Office of the Courts, and the Child Custody MediationAdvisory Committee of the Administrative Office of the Courts.
(d) An administrativefee, not to exceed two hundred dollars ($200.00), may be charged by theAdministrative Office of the Courts to applicants for certification and annualrenewal of certification for mediators and mediation training programsoperating under this Article. The fees collected may be used by the Director ofthe Administrative Office of the Courts to establish and maintain theoperations of the Commission and its staff.
(e) The chair of theCommission may employ an executive secretary and other staff as necessary toassist the Commission in carrying out its duties. The chair may also employspecial counsel or call upon the Attorney General to furnish counsel to assistthe Commission in conducting hearings pursuant to its certification orqualification and regulatory responsibilities. Special counsel or counselfurnished by the Attorney General may present the evidence in support of adenial or revocation of certification or qualification or a complaint against amediator, other neutral, training program, or trainers or staff affiliated witha program. Special counsel or counsel furnished by the Attorney General mayalso represent the Commission when its final determinations are the subject ofan appeal.
(f) In connection withany investigation or hearing conducted pursuant to an application forcertification or qualification of any mediator, other neutral, or trainingprogram, or conducted pursuant to any disciplinary matter, the chair of theDispute Resolution Commission or his/her designee, may:
(1) Administer oaths andaffirmations;
(2) Sign and issuesubpoenas in the name of the Dispute Resolution Commission or direct itsexecutive secretary to issue such subpoenas on its behalf requiring attendanceand the giving of testimony by witnesses and the production of books, papers,and other documentary evidence;
(3) Apply to the GeneralCourt of Justice, Superior Court Division, for any order necessary to enforcethe power conferred in this section.
(g) The General Court ofJustice, Superior Court Division, may enforce subpoenas issued in the name ofthe Dispute Resolution Commission and requiring attendance and the giving oftestimony by witnesses and the production of books, papers, and otherdocumentary evidence.
(h) The Commissionshall keep confidential all information in its files pertaining to thecertification of mediators, the qualification of other neutrals, thecertification or qualification of training programs for mediators or otherneutrals, and the renewal of such certifications and qualifications. However,disciplinary matters reported by an applicant for certification orqualification, a mediator, other neutral, trainer, or manager shall be treatedas a complaint as set forth below. The Commission shall also keep confidentialthe identity of those persons requesting informal guidance or the issuance offormal advisory opinions from the Commission or its staff.
Unless an applicant, mediator,other neutral, or training program trainer or manager requests otherwise, allinformation in the Commission's disciplinary files pertaining to a complaintregarding the conduct of an applicant, mediator, other neutral, trainer, ormanager shall remain confidential until such time as a preliminaryinvestigation is completed and a determination is made that probable causeexists to believe that the applicant, mediator, neutral, trainer, or manager'swords or actions:
(1) Violate standardsfor the conduct of mediators or other neutrals;
(2) Violate otherstandards of professional conduct to which the applicant, mediator, neutral,trainer, or manager is subject;
(3) Violate programrules; or
(4) Consist of conductor actions that are inconsistent with good moral character or reflect a lack offitness to serve as a mediator, other neutral, trainer, or manager.
The Commission may publishnames, contact information, and biographical information for mediators,neutrals, and training programs that have been certified or qualified.
(i) The Commissionshall conduct its initial review of all applications for certification andcertification renewal or qualification and qualification renewal in private.The Commission shall also conduct its initial review of complaints regardingthe qualifications of any certified mediator, other neutral, or trainingprogram, but not involving issues of ethics or conduct, in private. Appeals ofdenials of applications for certification, qualification, or renewal andappeals of revocations of certification or qualification for reasons that donot relate to ethics or conduct, shall be heard by the Commission in privateunless the applicant, certified mediator, qualified neutral, or certified orqualified training program requests a public hearing.
(j) The Commissionshall conduct in private its initial review of all matters relating to theethics or conduct of an applicant for certification, qualification, or renewalof certification or qualification or the ethics or conduct of a mediator, otherneutral, trainer, or training program manager. If an applicant appeals theCommission's initial determination that sanctions be imposed, the hearing ofsuch appeal by the Commission shall be open to the public, except that for goodcause shown, the presiding officer may exclude from the hearing room allpersons except the parties, counsel, and those engaged in the hearing. Nohearing shall be closed to the public over the objection of an applicant,mediator, other neutral, trainer, or training program manager.
(k) Appeals of finaldeterminations by the Commission to deny certification or renewal ofcertification, to revoke certification, or to discipline a mediator, trainer,or training program manager shall be filed in the General Court of Justice,Wake County Superior Court Division. Notice of appeal shall be filed within 30days of the date of the Commission's decision. (1995, c. 500, s. 1; 1998‑212, s. 16.19(b), (c);2005‑167, ss. 2, 4; 2007‑387, ss. 2, 3.)