§ 8-110. Inadmissibility of negotiations.
Article15.
Mediation Negotiations.
§ 8‑110. Inadmissibility of negotiations.
(a) Evidence ofstatements made and conduct occurring during mediation at a community mediationcenter authorized by G.S. 7A‑38.5 shall not be subject to discovery andshall be inadmissible in any proceeding in the action or other actions on thesame claim, except in proceedings to enforce a settlement of the action. Nosuch settlement shall be binding unless it has been reduced to writing andsigned by the parties. No evidence otherwise discoverable shall be inadmissiblemerely because it is presented or discussed during mediation.
(b) No mediator shallbe compelled to testify or produce evidence in any civil proceeding concerningstatements made and conduct occurring in a mediation conducted by a communitymediation center authorized by G.S. 7A‑38.5. A civil proceeding includesany civil matter in any administrative agency or the General Court of Justice,including a proceeding to enforce a settlement reached at the mediation. Forpurposes of this subsection, a mediator is a person assigned by the center toconduct the mediation and any staff person employed by the center to providesupervision of that person. This subsection does not excuse a mediator from thereporting requirements of G.S. 7B‑301 or G.S. 108A‑102.
(c) Except as providedin this subsection, no mediator shall be compelled to testify or produceevidence in any criminal misdemeanor or felony proceeding concerning statementsmade and conduct occurring in a mediation conducted at a community mediationcenter authorized by G.S. 7A‑38.5. A judge presiding over the trial of afelony may, however, compel disclosure of any evidence unrelated to the disputethat is the subject of the mediation if it is to be introduced in the trial ordisposition of the felony and the judge determines that the introduction of theevidence is necessary to a proper administration of justice, and the evidencemay not be obtained from any other source. For purposes of this subsection, amediator is a person assigned by the center to conduct the mediation and anystaff person employed by the center to provide supervision of that person. Thissubsection does not excuse a mediator from the reporting requirements of G.S.7B‑301 or G.S. 108A‑102. (1999‑354, s. 4.)