Designation of the Mediator

(a) Designation of a Mediator by Agreement of the Parties. By agreement, the parties may designate a mediator certified by the Commission by filing a Designation of Mediator by Agreement of Parties in Matter Before Clerk of Superior Court and Order of Appointment, Form AOC-G-302 (Designation Form), requesting that the clerk approve the designation. In estate and guardianship matters, the parties may designate only those mediators who are certified under these rules for estate and guardianship matters. 6 TOC Rule 2 The Designation Form must be filed within the time period set out in the clerk’s order. The petitioner or petitioner’s attorney should file the Designation Form; however, any party may file the Designation Form. The party filing the Designation Form shall serve a copy on all parties and the mediator designated to conduct the mediation. The Designation Form shall state: (i) the name, e-mail address, address, and telephone number of the mediator designated; (ii) the rate of compensation of the mediator; (iii) that the mediator and the persons ordered to attend the mediation have agreed on the designation and the rate of compensation; and (iv) under which rules the mediator is certified. (b) Appointment of a Mediator by the Clerk. If the parties cannot agree on the designation of a mediator, then the parties shall notify the court by filing an Appointment of Mediator by Court Order in Matter Before Clerk of Superior Court, Form AOC-G-314 (Mediator Appointment Form), requesting that the clerk appoint a certified mediator. The Mediator Appointment Form shall be filed within the time period set out in the clerk’s order and shall state that the parties have discussed the designation of a mediator and have been unable to agree. Upon receipt of a Mediator Appointment Form, or in the event that the parties fail to file a Designation Form or a Mediator Appointment Form with the clerk within the time period set out in the clerk’s order, the clerk shall appoint a mediator certified by the Commission who has expressed a willingness to mediate matters within the clerk’s jurisdiction. In estate and guardianship matters, the clerk shall appoint a mediator who is certified under these rules for estate and guardianship matters. Except for good cause, mediators shall be appointed by the clerk by rotation from a list of those certified mediators who wish to be appointed for matters within the clerk’s jurisdiction, without regard to occupation, race, gender, religion, national origin, disability, or whether the mediator is an attorney. As part of the application or annual certification renewal process, all mediators shall designate those counties for which they are willing to accept court appointments. Each designation shall be deemed to be a representation that the designating mediator has read and will abide by the local rules for, and will accept appointments from, the designated county and will not charge for travel time and expenses incurred in carrying out his or her duties associated with those appointments. A mediator’s refusal to accept an appointment in a county designated by the mediator may be grounds for removal from that county’s court-appointment list by the Commission or by the clerk of that county. The Commission shall provide to the clerk of each county a list of superior court mediators requesting appointments in that county who are certified in estate and guardianship proceedings, and those certified in other matters before the clerk. The list shall contain each mediator’s name, address, and telephone number. The list shall be provided to the clerks electronically on the Commission’s website at https://www.ncdrc.gov. The Commission shall promptly notify the clerk of any disciplinary action taken with respect to a mediator on the list of certified mediators for the county. 7 TOC Rule 2 (c) Mediator Information Directory. For the consideration of the clerks and those designating mediators for matters within the clerk’s jurisdiction, the Commission shall post a list of certified mediators who request appointments in those matters and are certified under these rules on its website at https://www.ncdrc.gov. If a mediator has supplied it to the Commission, the list shall also provide the mediator’s designated attendance method and the mediator’s biographical information, including information about the mediator’s education, professional experience, and mediation training and experience. (d) Withdrawal or Disqualification of the Mediator. (1) (2) (3) Any person ordered to attend a mediation under these rules may move the clerk of the county in which the matter is pending for an order disqualifying the mediator using a Notice of Withdrawal/Disqualification of Mediator and Order for Substitution of Mediator, Form AOC-DRC-20. For good cause, an order disqualifying the mediator shall be entered. A mediator who wishes to withdraw from a case may file a Notice of Withdrawal/Disqualification of Mediator and Order for Substitution of Mediator, Form AOC-DRC-20, with the clerk. If a mediator withdraws or is disqualified, then a substitute mediator shall be designated or appointed under this rule. A mediator who has withdrawn or been disqualified shall not be entitled to receive an administrative fee, unless the mediation has been commenced. History Note. 373 N.C. 742; 384 N.C. 784; Order Dated 11 December 2024.