Mediation

Instructions for Obtaining Certification to Mediate in the Western District of N.C.

Pursuant to Local Rule 16.3 if a Mediated Settlement Conference is ordered, the ADR proceeding shall be governed by and a mediator shall be selected in accordance with the Rules Governing Mediated Settlement Conferences in Superior Court Civil Actions promulgated from time to time by the North Carolina Supreme Court pursuant to N.C.G.S. Sect. 7A-38.1. Under these Rules mediators selected by the parties must be certified pursuant to these Rules or the parties may nominate a non-certified mediator who must be approved by the Court. To be certified to mediate by the North Carolina Dispute Resolution Commission:
 


 

To be certified as an attorney mediator an applicant must:
 

1. Be a member in good standing of the N.C. State Bar or a member similarly in good standing of the Bar of another state;
2. Have completed a minimum of 40 hours in a Trial Court Mediation Training Program certified by the N.C. Dispute Resolution Commission;
3. Have at least five years experience as a judge, practicing attorney, law professor, or mediator or equivalent experience;
4. Observe two court-ordered mediated settlement conferences by at least two different mediators, at least one of which must have been ordered by the North Carolina Superior Court and the other order by a N.C. Superior Court, N.C. Industrial Commission, N.C. Office of Administrative Hearings, or the U.S. District Court for the Western District of N.C. mediator certified either in the State of N.C.;
5. Demonstrate familiarity with the statute, rules, and practice governing mediated settlement conferences in N.C. superior courts;
6. Be of good moral character;
7. Agree to waive payment of fees from parties found by the court to be indigent;
8. Submit proof of qualifications on a form approved by the N.C. Dispute Commission; and
9. Pay the administrative fee for certification;


 

In addition to the above, attorneys who are not licensed to practice in North Carolina must also:

1. Have completed at least six hours of self-study of North Carolina court structure, legal terminology and civil procedure and attach a letter to the application form verifying the self-study; and
2. Provide three character references, including at least one letter from a person with knowledge of the applicant’s practice as an attorney.
 


 

To be certificated as a non-attorney mediator an applicant must:
 

1.Demonstrate that he or she has mediated at least 30 disputes in a supervised setting over the course of at least three years after having first completed a 20 hour mediation training program and demonstrate that he or she possesses either a four year college degree or four year’s of management, professional or administrative experience; or
2.Demonstrate that he or she possess at least ten years of professional, management or administrative experience; and

  • Have completed a minimum of 40 hours in a trial court mediation training program certified by the N.C. Dispute Resolution Commission;
  • Have completed a six-hour training on N.C. court structure, legal terminology, and civil court procedure from a trainer approved by the N.C. Dispute Resolution Commission;
  • Observe five ordered mediated settlement conferences conducted by at least two different mediators, at least two of which must have been ordered by a N.C. Superior Court and the other three ordered by the N.C. Superior Court, N.C. Industrial Commission, N.C. Office of Administrative Hearings, or U.S. District Courts for the Western District of N.C.;
  • Provide three letters of reference, including at least one letter from a person with knowledge of the applicant’s good character;
  • Demonstrate familiarity with the statute, rules, and practice governing mediated settlement conferences in N.C. superior courts;
  • Be of good moral character;
  • Agree to waive payment of fees from parties found by the court to be indigent;
  • Submit proof of qualifications on a form approved by the N.C. Dispute Resolution Commission; and
  • Pay the administrative fee for certification.

 

Anyone with questions about the above certification requirements or the certification process or anyone interested in receiving an application for N.C. certification should contact Leslie Ratliff at 919-890-1415.

After obtaining your certification, please complete this form and submit it to the Court. Your name will be added to our database of Certified Mediators for the U.S. District Court for the Western District of N.C. Please send your completed form to:

Terry T. Leitner, Chief Deputy Clerk
U.S. District Court
Rm. 210, 401 W. Trade Street
Charlotte, NC 28202