Following are answers to questions Commission staff routinely receive about the superior court certification process. This list 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 would like addition clarification, please contact us at (919) 890-1415 between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. We will be happy to try and assist you. A copy of the Superior Court Rules can be found on this site. See Rule 8 for certification criteria.
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Must I be certified to mediate superior court cases?
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Yes. Rule 2 of the Rules Implementing Mediated Settlement Conferences in Superior Court Civil Actions (MSC Rules) requires that all mediators conducting mediated settlement conferences in superior court cases be certified whether serving pursuant to court appointment or selection by the parties. |
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Who can be certified to mediate?
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MSC Rule 8 provides for both attorneys and non-attorneys to be certified. Rule 8.B.(1) provides for certification of licensed attorneys who have at least five year's experience practicing law, serving as a judge, law professor or mediator, or equivalent experience. The attorney must be a graduate of an accredited law school and be a member in good standing of the North Carolina State Bar or the Bar of another State.
Rule 8.B.(2) provides for certification of non-attorneys who possess either: significant mediation experience (3 years and at least 30 cases in a supervised setting); a four-year degree from an accredited college or university; and at least four-years of relatively high level experience as a professional, manager or administrator (see Rule 8.B.2.(c)(i)) or ten years of relatively high level experience as professional, manager or administrator and hold a four-year degree from an accredited college or university (see Rule 8.B.2.(c)(ii)). The Commission has adopted Guidelines that provide further clarification of the requirements for non-attorney certification set forth in MSC Rule 8.B.(2)(c). To see the Guidelines go to the Commission's home page at www.ncdrc.org and click on "Mediated Settlement Conference Program" from the left-hand menu. Then, from the next menu click on "MSC Mediator Certification", then click on "Apply for MSC Certification", and then click on "Supporting Documents". Lastly select "Guidelines for Interpreting Rule 8.B.(2)(c)" from the options presented on the screen. |
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What if I am a non-attorney applicant for certification and not sure whether my qualifications and experience satisfy Rule 8.B.(2)(c)(i)or (ii)?
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If you have any doubts about whether you meet the threshold eligibility qualifications for certification established under Rule 8.B.(2)(c)(i)or (ii), you should contact the Commission's office and provide a copy of your resume. The Commission's Executive Director can sometimes issue a pre-approval stating that you meet the threshold requirements established under Rule 8.A.(2)(c)(i) and/or (ii). Once you have obtained a pre-approval, you can feel confident that completing the additional requirements set forth under Rule 8 will lead to your certification. |
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If I am an attorney, must I be licensed to practice law in North Carolina?
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No, attorneys licensed in states other than North Carolina are eligible for certification provided they posses the five year's of experience required by Rule 8.B.(1)(b). All attorney applicants must be members in good standing of at least one State Bar. Attorneys may be inactive, but they must be inactive voluntarily, i.e., their inactive status must not be the result of disciplinary action or threat of such action by a State Bar. |
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Must I be a North Carolina resident for a period of time to be certified to mediate superior court 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. |
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If I meet the threshold criteria, what happens next?
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If you meet threshold criteria for certification as an attorney (see MSC Rule 8.B.(1)(a) and (b)) or as a non-attorney (Rule 8.B.(2)(c)(i) or (ii)), then you will need to also complete a 40-hour training course on mediation, attend two observations of mediated settlement conferences, complete an approved application form, pay the certification fee and mail your materials to the Commission. In addition, if you are an attorney applicant who is not licensed in North Carolina you will need to complete an independent study on North Carolina court structure, legal terminology and civil court procedure and provide three letters of reference. If you are a non-attorney applicant, you will also need to complete a six-hour course on North Carolina court organization, legal terminology, civil court procedure, the attorney-client privilege, the unauthorized practice of law, and common legal issues arising in superior court cases; complete three additional observations, and provide three letters of reference. |
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Where can I find a list of approved mediation trainers?
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You may contact the Commission's office directly or you may go the initial menu of this web site. 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 newsletter, The Intermediary, which contains information on training opportunities. Please be careful that the trainer you contact is certified to conduct appropriate training for the type of mediation you wish to practice. For example, if you are interested in family financial training, do not contact and enroll in a superior court mediation training course. The training for the two types of mediation is not interchangeable and the training for one cannot be substituted for the other. |
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If I am already a certified FFS mediator, do I still have to complete a 40-hour MSC mediator training course?
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No. If you are already certified by the Dispute Resolution Commission as a district court (FFS) mediator, you will need to take only a 16-hour supplemental course which will focus principally on the MSC statute and program rules and ethical issues arising in MSC cases. |
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I am having problems scheduling observations of superior court cases required by MSC Rules 8.C. and 8.B.(2)(d) (if you are a non-attorney applicant)? What can I do?
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You may want to consider contacting your mediation trainer. Mediators affiliated with a training organization may be able to help you schedule observations. The Commission's office can also make available to you a list of the certified superior court mediators practicing in the judicial district in which you reside along with contact information for them. You will need to contact the mediators directly to make arrangements for your attendance. Rule 8.C provides that at least one of your observations must be of a court ordered superior court case. The remaining observation may be of a case pending in NC Superior Court, NC Court of Appeals the federal trial courts, the NC Industrial Commission, or the NC Office of Administrative Hearings. To receive credit, observers are required to attend a mediation conference from start to settlement or impasse. Observers may not receive credit for observing one session of a multiple-session mediation. If you are a non-attorney applicant, you must also complete the additional observations required by Rule 8.B.(2)(d) for a total of five observations. Please be certain that all mediators you observe are certified by the Commission.
For purposes of your observations, you cannot observe cases mediated pre-litigation, that is before they are filed with the court or an administrative agency. The Rules require that observations be or court-ordered or pending cases. In addition, District Court cases are not eligible for observation pursuant to MSC Rule 8.C. or 8.B.2(2)(d). |
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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 Mediated Settlement Conference menu and click on "forms". 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. You may also, access on-line the application on this web site. To access the packet, go to the Mediated Settlement Conference menu, click on "MSC Mediator Certification", click on "Mediator Application Pack." |
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Is there a certification fee?
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The Commission had adopted a $140.00 certification fee which is prorated quarterly. Once you are certified there will be annual renewal fee which is also currently set at $140.00. The fee for dual certification superior court and family financial mediator certification is $200.00. |
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Where should I send my completed application?
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Please mail your completed application form and attachments to the Commission's office. Please send them to the post office box address only. The Commission's office does not receive mail at its street address. If you are in a hurry and want to send your packet by overnight mail or courier, please let us know so that we may expect it. The only original you should send to the Commission's office is the application form itself and we ask that you make a copy of it for your records. Please send only copies of the certificate issued by your 40-hour trainer, your observation certificates, your letters of recommendation (if applicable) and so forth. Please forward your application and supporting materials in a single mailing, rather than forwarding your submissions piece meal as you complete the various steps involved in certification. This helps us keep your packet intact.
If you have questions about the application or how to complete it, please contact staff at (919) 890-1415 or you may e-mail the Commission's Executive Director. |
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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 seven days and you have not head back, please 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 on the Application and accompanying explanatory materials. |
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Once I am certified, what can I put on my letterhead or my business cards?
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The Commission has adopted Advertising Guidelines for Certified Mediators. To view the Guidelines, return to the main menu and click on "Standards of Conduct for Mediators", then click on "Advertising Guidelines". |
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Once I am certified, how many court referrals may I expect to receive?
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MSC Rule 2 provides for the Mediated Settlement Conference Program to be a "user pay" program. Because the parties, and not the taxpayers, are paying for the mediator's services, it was considered important to give the parties an opportunity to select their mediator. In most districts, the bulk of cases are mediated by "party-selected" rather than "court appointed" mediators. Court appointments result only when the parties cannot agree on a mediator or take no action to select one. Court appointments to mediate tend to be relatively rare in most districts. Appointments are typically apportioned on a rotating basis among certified mediators who have expressed a willingness to accept court appointments in a district.
Since parties have the option to select a mediator and most are exercising that option, it is essential for mediators wishing to establish a practice to notify attorneys of their availability and to market their mediation practice to attorneys as the deem appropriate. The Commission's office will notify court personnel of a mediator's certification in those districts in which the mediator has indicated a willingness to serve. This office does not contact attorneys to notify them of your certification. |
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