Certification of Mediation Training Programs

Rules for Settlement Procedures in District Court Family Financial Cases

Rule: 9

Jurisdiction: NC

Bluebook Citation: N.C. R. Dist. Ct. Settl. Proc. 9

(a) Certified training programs for mediators who are seeking certification under Rule 8(a)(2)(b) shall consist of a minimum of forty hours of instruction. The curriculum of such programs shall include the following topics: (1) Conflict resolution and mediation theory. (2) Mediation process and techniques, including the process and techniques of mediating family and divorce matters in district court. (3) (4) (5) Communication and information gathering. Standards of conduct for mediators, including, but not limited to, the Standards of Professional Conduct for Mediators. Statutes, rules, and practices governing mediated settlement conferences for family financial matters in district court. (6) Demonstrations of mediated settlement conferences, both with and without attorney involvement. (7) (8) (9) Simulations of mediated settlement conferences, involving student participation as the mediator, attorneys, and disputants, which shall be supervised, observed, and evaluated by program faculty. An overview of family dynamics, the effect of divorce on children and adults, and child development. Protocols for screening cases for issues involving domestic violence and substance abuse. (10) Satisfactory completion of an exam by all students testing their familiarity with the statutes, rules, and practices governing settlement procedures for family financial matters in district court. (11) Technology and how to effectively utilize technology during a mediation. (b) Certified training programs for mediators certified under Rule 8(a) shall consist of a minimum of sixteen hours of instruction and the curriculum shall include the topics listed in subsection (a) of this rule. There shall be at least two simulations as required by subsection (a)(7) of this rule. (c) A training program must be certified by the Commission before a mediator’s attendance at the program may be used to satisfy the training requirement under Rule 8(a). Certification does not need to be given in advance of attendance. Training programs attended prior to the promulgation of these rules, attended in other states, or approved by the ACR may be approved by the Commission if they are in substantial compliance with the standards set forth in this rule. 25 TOC Rule 9 The Commission may require attendees of an ACR-approved program to demonstrate compliance with the requirements of subsection (a)(5) of this rule. (d) To complete certification, a training program shall pay all administrative fees required by the NCAOC, in consultation with the Commission. History Note. 373 N.C. 708; 378 N.C. 801; 384 N.C. 745.

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