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   Courts / CRS / Councils & Comm / DRC / Clerk Mediation  Print  Court Picture
 
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Clerk Mediation Program
 
Program History

On May 23, 2005, the General Assembly adopted legislation establishing a mediation program for matters referred to mediation by Clerks of Superior Court. Rules implementing the new legislation were adopted by the NC Supreme Court effective March 1, 2006.

Program Summary

A Clerk may refer any eligible matter to mediation, including guardianship, estate, and boundary disputes. Some matters are not eligible for referral, including adoptions and foreclosures.

The Clerk Mediation Program is designed as a "party pay" program in that the parties, and not the court or the taxpayers, compensate the mediator. In turn, since they are paying the fees, parties are given an opportunity to select their mediator. If the matter being mediated is an estate or guardianship dispute, then the parties must choose a mediator who has been trained to mediate estate and guardianship cases and who is certified by the Dispute Resolution Commission. If the matter referred does not involve an estate or guardianship, then the parties may select any mediator who is certified by the Commission to conduct mediations in the superior or district courts. They may also select a mediator who is certified to conduct mediations in guardianship or estate matters. If the parties cannot agree on who shall conduct their mediation or take no action to select, the Clerk will appoint a mediator. Mediations are usually held in the office of the mediator or the office of one of the attorneys involved in the case. They may also be held in the courthouse.

The mediator serves as a facilitator only, focusing the parties' discussions and brainstorming with them in a search for settlement options. The mediator will not make a decision for the parties. Following a successful mediation, the agreement will be reduced to writing and the parties will sign it. If the matter being mediated involves a dispute the outcome of which the Clerk is required to approve, then the agreement must be submitted to the Clerk and the Clerk will take it into consideration.

Program Costs

Because it is "party pay", the Clerk Mediation Program is designed to operate at no expense to the taxpayers. In the event that the Clerk determines that a party is indigent and cannot pay the fee, mediators must offer their services to that party at no cost. While Clerks must allocate some minimal time to administering the program, cases referred to mediation typically settle earlier than they would otherwise leading to time savings elsewhere.
 
  
 
   
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