Voluntary Mediation of Criminal Matters in District Court

(a) Purposes of Mediation. These rules are promulgated under N.C.G.S. § 7A-38.3D to implement programs for voluntary mediation of certain criminal cases within the jurisdiction of the district court. The procedures in these rules are intended to assist private parties, with the help of a neutral mediator, in discussing and resolving their disputes and in conserving judicial resources. The chief district court judge, the district attorney, and the community mediation center shall determine whether to establish a program in a district court judicial district. Because participation in this program and in the mediation process is voluntary, no defendant, complaining witness, or any other person who declines to participate in mediation, or whose case cannot be settled in mediation, shall face any adverse consequences as a result of his or her failure to participate or reach an agreement. Consistent with N.C.G.S. § 7A-38.3D(j), a party’s participation or failure to participate in mediation must be held confidential and not revealed to the court or the district attorney. (b) Definitions. (1) Court. “Court,” as used throughout these rules, refers to a district court judge or, as appropriate, the judge’s designee. (2) Mediation Process. “Mediation process,” as used throughout these rules, encompasses intake, screening, and mediation until either an impasse is declared or the case is dismissed. (3) District Attorney. “District attorney,” as used throughout these rules, refers to the district attorney, an assistant district attorney, or any staff member or designee of the district attorney. (c) Initiating the Mediation. (1) Suggestion by the Court. In judicial districts that establish a voluntary mediation program, the court may encourage private parties to attend mediation. In determining whether to encourage mediation, the court should consider: a. b. c. whether the parties are willing to participate; whether continuing prosecution is in the best interests of the parties or any nonparties impacted by the dispute; whether the parties involved in the dispute have an expectation of a continuing relationship and whether there is an issue underlying their dispute that has not been addressed and which may create later conflict or require court involvement; 4 TOC Rule 1 (2) (3) (4) d. e. whether cross-warrants have been filed in the case; and whether the case might otherwise be subject to voluntary dismissal. Multiple Charges. Multiple charges pending in the same court against a single defendant, or pending against multiple defendants and involving the same complainant or complainants, may be consolidated for the purpose of holding a single mediation in the matter. Charges pending in multiple courts may be consolidated for purposes of mediation with the consent of those courts. Timing of Suggestion. The court shall encourage parties to attend and participate in mediation as soon as practicable. Since there is no possibility of incarceration resulting from any agreement reached in mediation, the court is not required to provide a court-appointed attorney to a defendant prior to mediation. the Courts (NCAOC), of Notice to Parties. When the parties have agreed to attend mediation, the court shall provide notice to the parties, either orally or in writing on a form prescribed by the North Carolina the Administrative Office of following: (i) the deadline for completion of the mediation process, (ii) the name of the mediator who will mediate the dispute or the name of the community mediation center who will provide the mediator, and (iii) the fact that the defendant may be required to pay the dismissal fee set forth in Rule 5(b)(2). In lieu of providing this information orally or in writing, the court may refer the complaining witness and defendant to a community mediation center, whose staff shall advise the parties of the above information. (5) (6) Motion for Mediation. Any complainant or defendant may move the court, either orally or in writing, to have a mediation conducted in his or her dispute. If the motion is in writing, then the motion may be on a NCAOC form. The court shall determine whether the dispute is appropriate for referral to mediation. Screening. After a screening of the case or parties, a mediator or a community mediation center to which the parties are referred for mediation shall advise the court if the matter is not appropriate for mediation. History Note. 373 N.C. 757. 5 TOC Rule 2