§ 7A‑38.3D. Mediationin matters within the jurisdiction of the district criminal courts.
(a) Purpose. TheGeneral Assembly finds that it is in the public interest to promote highstandards for persons who mediate matters in district criminal court. To thatend, a program of certification for these mediators shall be established injudicial districts designated by the Dispute Resolution Commission and theDirector of the Administrative Office of the Courts and in which the chiefdistrict court judge, the district attorney, and the community mediation centeragree to participate. This section does not supersede G.S. 7A‑38.5.
(b) Enabling Authority. In each district, the court may encourage mediation for any criminal districtcourt action pending in the district, and the district attorney may delayprosecution of those actions so that the mediation may take place.
(c) ProgramAdministration. A community mediation center established under G.S. 7A‑38.5and located in a district designated under subsection (a) of this section shallassist the court in administering a program providing mediation services indistrict criminal court cases. A community mediation center may assist in thescreening and scheduling of cases for mediation and provide certified volunteeror staff mediators to conduct district criminal court mediations.
(d) Rules of Procedure. The Supreme Court shall adopt rules to implement this section. Each mediationshall be conducted pursuant to this section and the Supreme Court Rules asadopted.
(e) Mediator Authority. In the mediator's discretion, any person whose presence and participation mayassist in resolving the dispute or addressing any issues underlying themediation may be permitted to attend and participate. The mediator shall have discretionto exclude any individual who seeks to attend the mediation but whoseparticipation the mediator deems would be counterproductive. Lawyers for theparticipants may attend and participate in the mediation.
(f) MediatorQualification. The Supreme Court shall establish requirements for thecertification or qualification of mediators serving under this section. TheCourt shall also establish requirements for the qualification of trainingprograms and trainers, including community mediation center staff, that trainthese mediators. The Court shall also adopt rules regulating the conduct ofthese mediators and trainers.
(g) Oversight andEvaluation. The Supreme Court may require community mediation centers andtheir volunteer or staff mediators to collect and report caseload statistics,referral sources, fees collected, and any other information deemed essentialfor program oversight and evaluation purposes.
(h) Immunity. Amediator under this section has judicial immunity in the same manner and to thesame extent as a judge of the General Court of Justice, except that a mediatormay be disciplined in accordance with procedures adopted by the Supreme Court.A community mediation center and its staff involved in supplying volunteer orstaff mediators or other personnel to schedule cases or perform other dutiesunder this section are immune from suit in any civil action, except in any caseof willful or wanton misconduct.
(i) Confidentiality. Any memorandum, work note, or product of the mediator and any case filemaintained by a community mediation center acting under this section and anymediator certification application are confidential.
(j) Inadmissibility ofNegotiations. Evidence of any statement made and conduct occurring during amediation under this section shall not be subject to discovery and shall beinadmissible in any proceeding in the action from which the mediation arises.Any participant in a mediation conducted under this section, including themediator, may report to law enforcement personnel any statement made or conductoccurring during the mediation process that threatens or threatened the safetyof any person or property. A mediator has discretion to warn a person whosesafety or property has been threatened. No evidence otherwise discoverable isinadmissible for the reason it is presented or discussed in a mediatedsettlement conference or other settlement proceeding under this section.
(k) Testimony. Nomediator or neutral observer present at the mediation shall be compelled totestify or produce evidence concerning statements made and conduct occurring inor related to a mediation conducted under this section in any proceeding in thesame action for any purpose, except in:
(1) Proceedings forabuse, neglect, or dependency of a juvenile, or for abuse, neglect, orexploitation of an adult, for which there is a duty to report under G.S. 7B‑301and Article 6 of Chapter 108A of the General Statutes, respectively.
(2) Disciplinaryproceedings before the North Carolina State Bar or any agency established toenforce standards of conduct for mediators.
(3) Proceedings in whichthe mediator acts as a witness pursuant to subsection (j) of this section.
(4) Trials of a felony,during which a presiding judge may compel the disclosure of any evidencearising out of the mediation, excluding a statement made by the defendant inthe action under 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 the proper administration of justice and the evidencecannot be obtained from any other source.
(l) WrittenAgreements. Any agreement reached in mediation shall be reduced to writingand signed by the parties. A non‑attorney mediator may assist parties inreducing the agreement to writing.
(m) Dismissal Fee. Wherean agreement has been reached in mediation and the case will be dismissed, thedefendant shall pay to the clerk the dismissal fee of court set forth in G.S.7A‑38.7. By agreement, all or any portion of the fee may be paid by aperson other than the defendant. The judge may in the judge's discretion waivethe fee for good cause shown.
(n) Definitions. Asused in this section, the following definitions apply:
(1) Court. A districtcourt judge, a district attorney, or the designee of a district court judge ordistrict attorney.
(2) Neutral observer. Includes any person seeking mediator certification, any person studying anydispute resolution process, and any person acting as an interpreter. (2007‑387, s. 1.)
§ 7A‑38.3D. Mediationin matters within the jurisdiction of the district criminal courts.
(a) Purpose. TheGeneral Assembly finds that it is in the public interest to promote highstandards for persons who mediate matters in district criminal court. To thatend, a program of certification for these mediators shall be established injudicial districts designated by the Dispute Resolution Commission and theDirector of the Administrative Office of the Courts and in which the chiefdistrict court judge, the district attorney, and the community mediation centeragree to participate. This section does not supersede G.S. 7A‑38.5.
(b) Enabling Authority. In each district, the court may encourage mediation for any criminal districtcourt action pending in the district, and the district attorney may delayprosecution of those actions so that the mediation may take place.
(c) ProgramAdministration. A community mediation center established under G.S. 7A‑38.5and located in a district designated under subsection (a) of this section shallassist the court in administering a program providing mediation services indistrict criminal court cases. A community mediation center may assist in thescreening and scheduling of cases for mediation and provide certified volunteeror staff mediators to conduct district criminal court mediations.
(d) Rules of Procedure. The Supreme Court shall adopt rules to implement this section. Each mediationshall be conducted pursuant to this section and the Supreme Court Rules asadopted.
(e) Mediator Authority. In the mediator's discretion, any person whose presence and participation mayassist in resolving the dispute or addressing any issues underlying themediation may be permitted to attend and participate. The mediator shall have discretionto exclude any individual who seeks to attend the mediation but whoseparticipation the mediator deems would be counterproductive. Lawyers for theparticipants may attend and participate in the mediation.
(f) MediatorQualification. The Supreme Court shall establish requirements for thecertification or qualification of mediators serving under this section. TheCourt shall also establish requirements for the qualification of trainingprograms and trainers, including community mediation center staff, that trainthese mediators. The Court shall also adopt rules regulating the conduct ofthese mediators and trainers.
(g) Oversight andEvaluation. The Supreme Court may require community mediation centers andtheir volunteer or staff mediators to collect and report caseload statistics,referral sources, fees collected, and any other information deemed essentialfor program oversight and evaluation purposes.
(h) Immunity. Amediator under this section has judicial immunity in the same manner and to thesame extent as a judge of the General Court of Justice, except that a mediatormay be disciplined in accordance with procedures adopted by the Supreme Court.A community mediation center and its staff involved in supplying volunteer orstaff mediators or other personnel to schedule cases or perform other dutiesunder this section are immune from suit in any civil action, except in any caseof willful or wanton misconduct.
(i) Confidentiality. Any memorandum, work note, or product of the mediator and any case filemaintained by a community mediation center acting under this section and anymediator certification application are confidential.
(j) Inadmissibility ofNegotiations. Evidence of any statement made and conduct occurring during amediation under this section shall not be subject to discovery and shall beinadmissible in any proceeding in the action from which the mediation arises.Any participant in a mediation conducted under this section, including themediator, may report to law enforcement personnel any statement made or conductoccurring during the mediation process that threatens or threatened the safetyof any person or property. A mediator has discretion to warn a person whosesafety or property has been threatened. No evidence otherwise discoverable isinadmissible for the reason it is presented or discussed in a mediatedsettlement conference or other settlement proceeding under this section.
(k) Testimony. Nomediator or neutral observer present at the mediation shall be compelled totestify or produce evidence concerning statements made and conduct occurring inor related to a mediation conducted under this section in any proceeding in thesame action for any purpose, except in:
(1) Proceedings forabuse, neglect, or dependency of a juvenile, or for abuse, neglect, orexploitation of an adult, for which there is a duty to report under G.S. 7B‑301and Article 6 of Chapter 108A of the General Statutes, respectively.
(2) Disciplinaryproceedings before the North Carolina State Bar or any agency established toenforce standards of conduct for mediators.
(3) Proceedings in whichthe mediator acts as a witness pursuant to subsection (j) of this section.
(4) Trials of a felony,during which a presiding judge may compel the disclosure of any evidencearising out of the mediation, excluding a statement made by the defendant inthe action under 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 the proper administration of justice and the evidencecannot be obtained from any other source.
(l) WrittenAgreements. Any agreement reached in mediation shall be reduced to writingand signed by the parties. A non‑attorney mediator may assist parties inreducing the agreement to writing.
(m) Dismissal Fee. Wherean agreement has been reached in mediation and the case will be dismissed, thedefendant shall pay to the clerk the dismissal fee of court set forth in G.S.7A‑38.7. By agreement, all or any portion of the fee may be paid by aperson other than the defendant. The judge may in the judge's discretion waivethe fee for good cause shown.
(n) Definitions. Asused in this section, the following definitions apply:
(1) Court. A districtcourt judge, a district attorney, or the designee of a district court judge ordistrict attorney.
(2) Neutral observer. Includes any person seeking mediator certification, any person studying anydispute resolution process, and any person acting as an interpreter. (2007‑387, s. 1.)
§ 7A‑38.3D. Mediationin matters within the jurisdiction of the district criminal courts.
(a) Purpose. TheGeneral Assembly finds that it is in the public interest to promote highstandards for persons who mediate matters in district criminal court. To thatend, a program of certification for these mediators shall be established injudicial districts designated by the Dispute Resolution Commission and theDirector of the Administrative Office of the Courts and in which the chiefdistrict court judge, the district attorney, and the community mediation centeragree to participate. This section does not supersede G.S. 7A‑38.5.
(b) Enabling Authority. In each district, the court may encourage mediation for any criminal districtcourt action pending in the district, and the district attorney may delayprosecution of those actions so that the mediation may take place.
(c) ProgramAdministration. A community mediation center established under G.S. 7A‑38.5and located in a district designated under subsection (a) of this section shallassist the court in administering a program providing mediation services indistrict criminal court cases. A community mediation center may assist in thescreening and scheduling of cases for mediation and provide certified volunteeror staff mediators to conduct district criminal court mediations.
(d) Rules of Procedure. The Supreme Court shall adopt rules to implement this section. Each mediationshall be conducted pursuant to this section and the Supreme Court Rules asadopted.
(e) Mediator Authority. In the mediator's discretion, any person whose presence and participation mayassist in resolving the dispute or addressing any issues underlying themediation may be permitted to attend and participate. The mediator shall have discretionto exclude any individual who seeks to attend the mediation but whoseparticipation the mediator deems would be counterproductive. Lawyers for theparticipants may attend and participate in the mediation.
(f) MediatorQualification. The Supreme Court shall establish requirements for thecertification or qualification of mediators serving under this section. TheCourt shall also establish requirements for the qualification of trainingprograms and trainers, including community mediation center staff, that trainthese mediators. The Court shall also adopt rules regulating the conduct ofthese mediators and trainers.
(g) Oversight andEvaluation. The Supreme Court may require community mediation centers andtheir volunteer or staff mediators to collect and report caseload statistics,referral sources, fees collected, and any other information deemed essentialfor program oversight and evaluation purposes.
(h) Immunity. Amediator under this section has judicial immunity in the same manner and to thesame extent as a judge of the General Court of Justice, except that a mediatormay be disciplined in accordance with procedures adopted by the Supreme Court.A community mediation center and its staff involved in supplying volunteer orstaff mediators or other personnel to schedule cases or perform other dutiesunder this section are immune from suit in any civil action, except in any caseof willful or wanton misconduct.
(i) Confidentiality. Any memorandum, work note, or product of the mediator and any case filemaintained by a community mediation center acting under this section and anymediator certification application are confidential.
(j) Inadmissibility ofNegotiations. Evidence of any statement made and conduct occurring during amediation under this section shall not be subject to discovery and shall beinadmissible in any proceeding in the action from which the mediation arises.Any participant in a mediation conducted under this section, including themediator, may report to law enforcement personnel any statement made or conductoccurring during the mediation process that threatens or threatened the safetyof any person or property. A mediator has discretion to warn a person whosesafety or property has been threatened. No evidence otherwise discoverable isinadmissible for the reason it is presented or discussed in a mediatedsettlement conference or other settlement proceeding under this section.
(k) Testimony. Nomediator or neutral observer present at the mediation shall be compelled totestify or produce evidence concerning statements made and conduct occurring inor related to a mediation conducted under this section in any proceeding in thesame action for any purpose, except in:
(1) Proceedings forabuse, neglect, or dependency of a juvenile, or for abuse, neglect, orexploitation of an adult, for which there is a duty to report under G.S. 7B‑301and Article 6 of Chapter 108A of the General Statutes, respectively.
(2) Disciplinaryproceedings before the North Carolina State Bar or any agency established toenforce standards of conduct for mediators.
(3) Proceedings in whichthe mediator acts as a witness pursuant to subsection (j) of this section.
(4) Trials of a felony,during which a presiding judge may compel the disclosure of any evidencearising out of the mediation, excluding a statement made by the defendant inthe action under 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 the proper administration of justice and the evidencecannot be obtained from any other source.
(l) WrittenAgreements. Any agreement reached in mediation shall be reduced to writingand signed by the parties. A non‑attorney mediator may assist parties inreducing the agreement to writing.
(m) Dismissal Fee. Wherean agreement has been reached in mediation and the case will be dismissed, thedefendant shall pay to the clerk the dismissal fee of court set forth in G.S.7A‑38.7. By agreement, all or any portion of the fee may be paid by aperson other than the defendant. The judge may in the judge's discretion waivethe fee for good cause shown.
(n) Definitions. Asused in this section, the following definitions apply:
(1) Court. A districtcourt judge, a district attorney, or the designee of a district court judge ordistrict attorney.
(2) Neutral observer. Includes any person seeking mediator certification, any person studying anydispute resolution process, and any person acting as an interpreter. (2007‑387, s. 1.)
