Following are answers to questions Commission staff routinely receive about the family financial certification rules and the Commission's certification process. This material is intended to assist you in better understanding the rules and certification process. It is not intended to deter you from calling the Commission's office. If your question does not appear here or if it does and you need additional clarification, please contact us at (919) 981-5077 between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. We will be happy to assist you.
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Must I be certified to mediate family financial cases?
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No. It is not necessary to be certified to mediate family financial cases provided that the parties nominate (choose) you as their mediator and the Court approves your nomination. (See Rule 2.A. of the Rules Implementing Settlement Procedures in Equitable Distribution and Other Family Financial Cases (FFS Rules)). |
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Do I have to be an attorney to mediate family financial cases?
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No. FFS Rule 8 provides for certification of attorneys who possess at least five years professional experience and non-attorneys who are qualified as Advanced Practitioner members of the Association for Conflict Resolution (ACR) (formerly known as the Academy of Family Mediators). |
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What if I am not sure whether my qualifications and experience satisfy Rule 8?
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If you have any doubts about whether you are eligible to qualify under the threshold criteria set forth in Rule 8.A., you should contact the Commission's office at the number above. |
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Where can I find a list of approved trainers?
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You may contact the Commission's office directly or you may go to the initial menu of this web site, then click on "Dispute Resolution Commission", and then click on "Approved Trainers". You will need to contact the trainers directly to learn of dates and locations of upcoming training. If you know a certified mediator, you may also ask to borrow his or her most recent copy of the Commission's quarterly newsletter, The Intermediary, which contains information on training opportunities. |
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Where can I get an Application for Certification?
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Application packets are available through the Commission's office. The Application form itself, without accompanying materials, is available in fillable format on this web site. To access the form, go to the Family Financial Settlement menu and click on "Forms". If you have any problems downloading Adobe Acrobat or using the fillable form, contact the Commission's office. If you are using the fillable form, you may still want to contact the Commission's office to request a full application packet, including explanatory materials.
When you have completed your Application, please forward it along with your supporting materials in a single mailing. When application materials are forwarded piecemeal, it is harder for the Commission's office to keep track of them and submissions are sometimes misfiled. Please send only mimeographed copies of the certificate issued by your 40-hour trainer, your observation certificates, your letters of recommendation (if applicable), and so forth. The only original you should forward to the Commisison's office is the application form itself. All applications should be mailed to the Commission at: P.O. Box 2448, Raleigh, NC, 27602. The office does not receive mail at its street address. Because the Commission's office is open on a part-time basis only, we cannot guarantee the security of overnight mail delivered after 3:00 p.m. Occassionally, the office is closed to enable staff to attend meetings. As such, please let us know in advance if you would like to drop your packet off and talk with staff.
If you have any questions about the application or how to complete it, please contact the Commission's office. |
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Is there a certification fee?
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Yes. There is a $140.00 annual certification fee which is pro-rated quarterly the first year in which a mediator is certified. Thereafter, the full $140.00 is due each spring. For mediators holding dual certification, i.e., both superior court civil and district court family financial certification, the Commission has adopted a reduced dual fee of $200.00 which is also pro-rated quarterly the first year. |
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Once I submit my application, how long will it take for the Commission's office to process it?
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Applications are nearly always processed within five working days of their receipt, if not sooner. If you have mailed your application and it has been more than two weeks and you have not heard back, call the Commission's office. Please complete your application carefully. Usually, when there are delays in processing an application, it is because the applicant did not follow the instructions in the Application and accompanying explanatory materials. |
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Do I have to have been a North Carolina resident for a period of time to be certified to mediate family financial cases?
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No, an applicant need not meet any residency requirement to mediate in North Carolina. Some certified mediators reside in border-states such as Tennessee, Virginia, or South Carolina, but come to North Carolina to mediate. Attorney applicants who have recently re-located to North Carolina need not be licensed here (as long as they are a member in good standing of the Bar of another State) and they need not have acquired their five year's professional experience in North Carolina. |
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Will training that I have taken outside North Carolina satisfy the 40-hour training requirement set forth in Rule 8.A.2.?
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Sometimes the Commission can give partial credit for training taken outside North Carolina or for training taken in North Carolina, but not approved by the Commission. An applicant will need to provide the Commission's office with a copy of a detailed agenda from his or her training program, a list of trainers, and, if available, their resumes. The applicant should also state whether the program she/he attended was approved by the Association for Conflict Resolution (ACR) or its predecessor organization, the Academy of Family Mediators, since FFS Rule 9 specifically provides that such programs may be approved if they substantially comply with the curriculum set forth in Rule 9. Applicants can almost never receive full credit for training not approved by the Commission or taken outside North Carolina. Such training rarely includes all the required Rule 9 curricula, including 1) a discussion of the North Carolina Family Financial Settlement Rules, 2) a discussion of the North Carolina Supreme Court's Standards of Professional Conduct for Mediators, 3) a review of North Carolina family law, and 4) an exam on the Rules.
The Commission cannot give partial credit for training that has some focus other than family, for example, community, EEOC, peer, dependency, or other kinds of mediation training. Also, the Commission cannot give partial credit for arbitration training. |
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I am an attorney applicant who is not licensed in North Carolina. What does the "demonstrates familiarity" language require in FFS Rule 8.A.(2)(b)?
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That Rule requires that attorneys licensed elsewhere demonstate familiarity with North Carolina court structure, legal terminology, and civil procedure. Attorneys demonstrate familiarity by completing an independent study of the items listed. This rule is intended to parallel the six-hour course required of non-attorneys set forth in FFS Rule 8.B. Attorneys may contact this office to request a booklet on NC court structure. They should also read and study the Rules of Civil Procedure. The independent study should total at least six hours. The attorney should attach a brief memo to his or her application explaining the steps he or she took to familiarize him or herself with NC court structure, legal terminology, and civil procedure. |
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Do I have to complete the 40-hour training program before I complete my observations?
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Rule 8 training and observation requirements need not be completed in any particular order. An observation may be more meaningful if an observer has completed the 40-hour training program and has a better idea of what constitutes good mediator practice and what does not. |
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I am having difficulty scheduling observations of family cases? What can I do?
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The Commission appreciates that it can be difficult to complete the observation requirement set forth in Rule 8.D. Divorcing couples may not want an observer present at their mediation, cases are sometimes postponed at the last minute, or a mediation may involve multiple sessions with an observer unable to attend the second or third sessions. Still, the Commission believes that observations are integral to the training process and asks that you continue to seek out opportunities until you have observed the two required mediations from start to settlement or impasse. Mediations must involve custody or family finanicial issues and be conducted by a mediator certified pursuant to the Family Financial Settlement Rules, an AOC custody mediator*, or an Advanced Practitioner member of ACR (FFS Rule 8.D(1))**.
You may want to also consider contacting your mediation trainer. Mediators affiliated with a training organization may be able to help you schedule observations. You may also view the Commission's list of certified family financial mediators to look for mediators that you may know personally. Click on list of mediators at our home page. You may search the list by city or court district.
*Be aware that custody mediators may not be scheduling observations in some court districts.
**If you will be observing an ACR Advanced Practitioner mediator conducting a private, pre-litigation mediation, be aware that private mediations often involve multiple sessions. Observers are required to observe a mediation from start to settlement or impasse to receive credit under Rule 8.D. Observers may not receive credit for observing one session of a multiple session mediation.
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Will I have an opportunity to mediate custody and visitation disputes?
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The Family Financial Settlement Program is designed to provide litigants an opportunity to mediate the financial aspects of their divorce. If a district does not have a Custody and Visitation Mediation Program or the parties elect to discuss custody and visitation at their family financial mediation, such issues may be included. If your primary interest is in mediating custody and visitation disputes, you should contact Mark Van Der Puy at the Administrative Office of the Courts at (919) 420-7977. |
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Once I am certified, what can I put on my letterhead or business cards?
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You should review the Commission's Advertising Guidelines for Mediators. You may view the Guidelines by clicking on "Standards of Conduct' from the main menu, then click on the Guidelines. |
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Once I am certified, how many court referrals may I expect to receive?
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FFS Rule 2 provides for the Family Financial Settlement Program to be a "user pay" program. Because the parties, and not the taxpayers, are paying for the mediator's services, the parties are afforded an opportunity to select their mediator. Only in instances where the parties do not take any action or cannot agree on a mediator will the court appoint one to conduct the conference. In most districts, the vast majority of cases are mediated by "party-selected" mediators. Court appointments to mediate tend to be relatively rare. Court appointments to mediate are typically apportioned on a rotating basis among certified mediators who have expressed a willingness to accept court appointments in a given district.
Since parties have the option to select a mediator and most are exercising that option, it is essential for mediators intent upon establishing a practice to notify attorneys of their availability and willingness to serve. |
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Is there anything I need to do after I become certified?
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Once you are certified, check the information posted for you on the Commission's on-line list of mediators maintained on this site. Click on "List of Mediators" from the main menu. Then, click on "Family Financial Settlement Program". You may search the list by your name, city of residence, or the court districts you agreed to serve. Once your name appears, double click on it to see our full listing for your contact information. Notify this office immediately if anything is incorrect.
If you have selected any districts where you are not known to the Chief District Court Judge, you may want to write or visit him/her for the purpose of introducing yourself. Be sure to verify that they are including you on the district's list for purposes of court appointments. Some districts have geographic restrictions relative to court appointments, e.g., some districts will not appoint mediators whose homes or offices are located outside the district. Sometimes judges will waive such restrictions if the mediator contacts them personnally. You should also be sure to check for local mediation rules in any districts that you have agreed to serve either for purposes of party selection or court appointment.
Again, as noted in the question above, this is a market driven program. Most mediators get their assignments by referral from the parties rather than through appointments. As such, most mediators will need to market their services to members of the Bar at least until they are established in their mediation practice.
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