Powers and Duties of the Commission

The Commission shall have the authority to undertake activities to expand public awareness of dispute resolution procedures, to foster growth of dispute resolution services in the state, and to ensure the availability of high-quality mediator training programs and competent and ethical mediators. Specifically, the Commission is authorized and directed to do the following: (a) Review and approve or disapprove applications of: (i) persons seeking to have mediator training programs certified, (ii) attorneys and nonattorneys seeking certification as qualified mediators to conduct mediated settlement conferences and mediations in North Carolina’s court-ordered mediation programs, and (iii) persons or mediator training programs seeking reinstatement. (b) Review applications against criteria for certification set forth in rules adopted by the Supreme Court for mediated settlement conferences or mediation programs operating under the Commission’s jurisdiction, and against any other requirements of the Commission which amplify and clarify those rules. The Commission may adopt application forms and require applicants to complete the forms for certification. (c) Compile and maintain lists of certified mediator training programs along with the names of contact persons, addresses, and telephone numbers for each mediator training program, and make those lists available online or upon request. (d) Institute periodic review of mediator training programs and trainer qualifications, and recertify mediator training programs that continue to meet criteria for certification. Mediator training programs that are not recertified shall be removed from the lists of certified mediator training programs. (e) Compile, keep current, and make available to the courts and the public online lists of certified mediators which specify the judicial district(s) or counties in which each mediator wishes to practice. (f) Prepare, keep current, and make available online biographical information submitted to the Commission by certified mediators in order to make such information accessible to court staff, lawyers, and the public. (g) Make a reasonable effort on a continuing basis to ensure that the judiciary, clerks of court, court staff, attorneys, and to the extent feasible, parties to 7 TOC Rule 6 mediation, are aware of the Commission and its office and the Commission’s duty to certify and regulate the conduct of mediators and mediator training programs. (h) Regulate the conduct of mediators and mediator training programs, including (i) receiving and investigating complaints against mediators, mediator training program personnel, and mediator training programs; and (ii) imposing sanctions, if warranted under Rule 9. History Note. 373 N.C. 606.