The Commisson's enabling legislation, N.C. Gen. Stat. § 7A-38.2, charges it with certifying the mediators who conduct mediated settlement conferences in North Carolina's courts. Mediators certified by the Commission serve the following programs:
- The Mediated Settlement Conference (MSC) Program which operates in superior court;
- The Family Financial Settlement (FFS) Program which operates in district court:
- The Clerk Mediation Program: and
- The District Criminal Court Mediation Program.
All mediators serving these programs must be certified, except that the rules for the FFS Program permit non-certified mediators to serve upon party selection. Program specific information about certification is posted on this web site under the "Apply for Mediator Certification" heading. Both attorneys and non-attorney applicants are eligible to be certified provided that they meet threshold criteria and complete all the steps involved in the certification process.
The Commission believes that training is essential for those who aspire to be effective mediators. It also believes that certification is an important credential and serves as evidence of the individual's committment to the mediation process. When parties and their lawyers select a certified mediator for their case, they can be assured that person has: met threshold criteria relating to education and work experience; has been trained as a mediator; and has completed the various other steps involved in the certifiication process, including passing a background check. They can also be assured that a certified mediator's conduct is governed by Commission Rules relating to character and fitness to practice and by the NC Supreme's Court's Standards of Professional Conduct for Mediators (Standards). If a party or lawyer believes that the mediator assigned to his/her case has exhibited conduct suggesting moral turpitude or a lack of fitness to practice or has violated the Standards, she or he may contact the Commission's office or download a complaint form from this website (see the subheading labled "Ethics, Complaints, Continuing Ed".
The Commission invites anyone interested in mediator certification to spend some time exploring this web site or to contact Commission staff to discuss his/her qualifications and interest. The Commission cautions anyone planning to enroll in mediator training for the purpose of applying for certification to first read and study the certification requirements for the program they wish to serve. Those who still have questions about eligibility after reviewing the requirements, should contact Commission staff and discuss the matter or request a written pre-approval of certification eligibility.