Clerk Mediation Program
Due to COVID-19, court-ordered mediations under DRC programs shall be conducted remotely. If the mediator, all parties, and any other persons required to attend agree to waive the requirement to conduct a remote mediation, and comply with all federal, state and local safety guidelines that have been issued, they may conduct the mediation in person. Rule 4 of the MSC, FFS and Clerk Rules and Rule 5 of the DCC Rules provide that a mediation shall be conducted via electronic means. With the agreement of all parties, and ability to comply with safety guidelines, the parties may conduct the mediation in person. The parties may also seek an order from the court to conduct the mediation in person. If all parties do not consent to hold the mediation in person, and absent an order from the court, the matter shall be held through remote technology.
*Nothing in the Rules prohibits a mediator from establishing stricter health requirements for a mediation conference.
*Any mediation conducted in person shall be done in strict compliance with all executive orders and social distancing requirements. All parties to the mediation shall use appropriate social distancing practices and safety procedures. The NCDRC recommends all parties follow the three W’s: wear a cloth face covering, wait 6 feet apart and avoid close contact, and wash your hands often. Please stay informed of all local and state policies that are in place to ensure best practices are followed.
About
A Clerk may refer any eligible matter to mediation, including guardianship, estate, and boundary and partition disputes. Some matters are not eligible for referral, including adoptions and foreclosures.
Rules
The Rules Implementing Mediation in Matters Before the Clerk of Superior Court were enacted pursuant to N.C. Gen. Stat. § 7A-38.3B. to provide a framework for expediting settlement of matters referred to mediation by Clerks of Superior Court. The effective date of the most recent revision of these Rules is June 10, 2020.
Forms
- AOC-G-300 - Motion For An Order To Mediate Matter Before The Clerk
- AOC-G-301 - Order Regarding Mediation In Matters Before Clerk Of Superior Court
- AOC-G-302 - Designation Of Mediator In Matter Before Clerk Of Superior Court
- AOC-G-303 - Report Of Mediator In Clerk Program Mediation
- AOC-G-304 - Order For Apportionment of Mediator Fee in Matters Before the Clerk of Superior Court
- AOC-G-305 - Motion And Order For Show Cause
- AOC-G-306T - Petition And Order For Relief From Obligation To Pay All Or Part Of Mediator's Fee In Clerk Mediation Program
- AOC-G-307 - Order Of Contempt For Non-Payment Of Mediator's Fees
- AOC-DRC-05 - Dispute Resolution Commission Complaint Form
- AOC-DRC-10 - Application For Certification To Conduct Guardianship And Estate Mediations
- AOC-DRC-20 - Notice Of Withdrawal/Disqualification Of Mediator And Order For Substitution Of Mediator
More Information
Find a Mediator
When two parties can’t come to an agreement on a particular conflict, a mediator can help provide assistance.
Mediator Certification
The Commission certifies mediators serving four court-based mediation programs.
Contact
Dispute Resolution Commission
PO Box 2448
Raleigh, NC 27602
Telephone(919) 890-1415