North Carolina

Civil Justice Reform Act of 1990

Resource Type: Legislation

Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...

Alternative Dispute Resolution Act of 1998

Resource Type: Legislation

Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...

North Carolina General Statutes 90-21.60, et seq: Voluntary Arbitration of Negligent Health Care Claims

Resource Type: Legislation

Abstract: This article states that a claimant and health care provider may jointly submit a personal injury or wrongful death dispute to arbitration. Parties select an arbitrator by agreement or, if an agreement cannot be reached, may choose from a list of eme...

North Carolina General Statute 7A-38.3D: Mediation in matters within the jurisdiction of the district criminal courts

Resource Type: Legislation

Abstract: This statute establishes a certification program for mediators in criminal cases and states that courts may encourage mediation in criminal cases in their districts. The statute addresses the creation of community mediation centers, mediator authorit...

North Carolina General Statutes 50-90, et seq: Parenting Coordinator

Resource Type: Legislation

Abstract: Under this article, the court may appoint a parenting coordinator in cases involving child custody with the consent of the parents, or without the consent of the parents if the case is high-conflict, appointing the coordinator is in the best interest...

North Carolina General Statute 7A-38.3B: Mediation in matters within the jurisdiction of the clerk of superior court

Resource Type: Legislation

Abstract: Except for cases involving mortgage or deed disputes or adoptions, this statute authorizes the clerk of the superior court to order mediation for any case under its jurisdiction. The statute reviews mediation attendance, mediator selection and compen...

North Carolina General Statute 50-78: Alternate dispute resolution permitted

Resource Type: Legislation

Abstract: This statute reserves the right of parties in divorce and alimony disputes to use forms of alternate dispute resolution to reach settlement....

North Carolina General Statutes 50-70, et seq: Collaborative Law Proceedings

Resource Type: Legislation

Abstract: This article relates to civil cases in which a husband and wife are seeking or contemplating a separation or divorce, except 'claims for absolute divorce,' and states that parties may enter into collaborative law proceedings if there is a written ag...

North Carolina General Statute 7A-38.7: Dispute resolution fee for cases resolved in mediation

Resource Type: Legislation

Abstract: For criminal cases filed in the court that are resolved in community mediation centers, this statute authorizes the court to charge the defendant a dispute resolution fee of $60. The Mediation Network may retain up to $3 for administrative costs. ...

North Carolina General Statutes 50-41, et seq: Family Law Arbitration Act

Resource Type: Legislation

Abstract: The Family Law Arbitration Act states that parties may, upon a written agreement submitted during or after a marriage, submit to arbitration for "issues arising out of the marital relationship." The act addresses agreements, cost, arbitrator selectio...

North Carolina General Statute 7A-38.5: Community mediation centers

Resource Type: Legislation

Abstract: This statute instructs chief district court judges and district attorneys to encourage mediation for pending civil and criminal cases for which they determine it is an appropriate alternative to litigation....

North Carolina General Statute 8-110: Inadmissibility of negotiations

Resource Type: Legislation

Abstract: This statute makes statements and conduct that occurred in mediation proceedings inadmissible in court, and prohibits mediators from being compelled to testify in criminal or civil cases as to such information. Exceptions to this rule may be made in ...

North Carolina General Statute 7A-38.4A: Settlement procedures in district court actions

Resource Type: Legislation

Abstract: This statute authorizes chief district court judges to order mediated settlements for a variety of cases, as well as establish rules allowing other district court judges to also order mediations. It reviews the procedures that must be followed for me...

North Carolina General Statute 7A-38.1: Mediated settlement conferences in superior court civil actions

Resource Type: Legislation

Abstract: This statute requires parties to superior court civil actions to attend a pretrial mediation hearing. The statute outlines the mediator selection process, sets immunity for mediators and confidentiality for mediation proceedings, and addresses other ...

North Carolina General Statute 7A-38.2: Regulation of mediators and other neutrals

Resource Type: Legislation

Abstract: This statute authorizes the Supreme Court to adopt standards of conduct for mediators, and creates the Dispute Resolution Commission to implement and administer mediator certification programs along those standards. The statute also describes the pro...

North Carolina General Statute 150B-23.1: Mediated settlement conferences

Resource Type: Legislation

Abstract: For administrative law disputes, this statute authorizes the chief administrative law judge to refer parties to mediation. The statute outlines guidelines for the mediation program, addressing attendance, mediation selection, sanctions, and costs, am...

North Carolina General Statute 7A-37.1: Statewide court-ordered, nonbinding arbitration in certain civil actions

Resource Type: Legislation

Abstract: For civil actions where claims do not exceed $15,000, this statute authorizes the court to refer the parties to nonbinding arbitration. The statute also sets arbitrator fees and grants arbitrators immunity from civil liability, but otherwise instruct...

North Carolina General Statute 7A-494: Custody and visitation mediation program established

Resource Type: Legislation

Abstract: In cases involving child custody or visitation disputes, this statute directs the Administrative Office of the Courts to provide parties with mediation services. It directs the AOC to provide rules for and staff the Custody and Visitation Mediation P...

North Carolina General Statute 50-13.1: Action or proceeding for custody of minor child

Resource Type: Legislation

Abstract: For cases involving custody or visitation disputes, this statute instructs the court to refer the parties to mediation. Exceptions to this mandatory referral include cases where a party can show an undue hardship, where domestic violence or drug abus...

North Carolina Supreme Court Rules Implementing Mediation in Matters Pending in District Criminal Court

Resource Type: Rules - Court

Abstract: In district courts that establish criminal mediation programs, these rules set procedures for the referral and mediation processes and requirements for mediator certification. A district court may contract with a local community mediation center to a...

Rules Implementing Mediation in Matters Before the Clerk of the North Carolina Superior Court

Resource Type: Rules - Court

Abstract: Under these rules, the clerk may require all parties to attend a mediation in any matter in which the clerk has original or exclusive jurisdiction. Mediation may also be ordered upon request of a party. The parties may select a mediator, though the c...

North Carolina Supreme Court Rules for the Dispute Resolution Commission

Resource Type: Rules - Court

Abstract: The Commission is responsible for developing dispute resolution programs, educating the public about dispute resolution services, and maintaining mediator rosters for court mediation programs. These rules review the commission's structure, as well as...

North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions: Rule 11 - Rules for Neutral Evaluation

Resource Type: Rules - Court

Abstract: This rule outlines specific procedures for conducting early neutral evaluation. The rule states that ENE should be held at an early stage of the case, before the expiration of the discovery period. The rule provides timelines for the pre-conference s...

Uniform Rules Regulating North Carolina Child Custody and Visitation Mediation

Resource Type: Rules - Court

Abstract: These rules outline procedures for the administration of the custody and visitation mediation program. Under these rules, all actions involving issues as to the custody or visitation of a minor child shall be ordered to mediation, unless otherwise wa...

North Carolina Supreme Court Rules Implementing Settlement Procedures in Equitable Distribution and Other Family Financial Cases

Resource Type: Rules - Court

Abstract: Under these rules, parties in equitable distribution actions shall be required to attend a mediated settlement conference or, if the parties agree, other settlement procedure. Parties may select a mediator, though the court shall make the selection i...

North Carolina Rules for Court-Ordered Arbitration

Resource Type: Rules - Court

Abstract: Under these rules, any civil action filed in the District Court, with some exceptions, and any civil action filed in the Superior Court where the amount in controversy does not exceed $15,000 may be submitted to arbitration by order of the court. Act...

Order Adopting the North Carolina Canons of Ethics for Arbitrators

Resource Type: Order

Abstract: This order adopts a code of ethics for arbitrators in court-ordered, non-binding arbitration in North Carolina. The canons address issues of fairness, impartiality, arbitrator's avoiding impropriety, arbitrator decisions, confidentiality and arbitrat...

ADR in the Federal District Courts: An Initial Report

Resource Type: Report

Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...

Mediation Network of North Carolina 2009-2010 Annual Report to the General Assembly

Resource Type: Report

Abstract: This report reviews the case statistics and state funding for community mediation centers in North Carolina. In the 2009-2010 fiscal year, the 23 centers received a total of 13,216 referred cases from local courts, including criminal and juvenile cou...

An Analysis of Diversity Trainings in United States Community Mediation Centers

Resource Type: Study

Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...

2008-2009 Annual Report on North Carolina's Child Custody and Visitation Mediation and Permanency Mediation Programs

Resource Type: Report

Abstract: This report evaluates North Carolina's Child Custody and Visitation Mediation Program, which was established in 1983 and consists of 41 sites, and the Permanency Mediation Program, which was established in 2006 and is found in five judicial districts...

Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs

Resource Type: Report

Abstract: This report provides information on court programs found to represent the best practices of the courts. Programs in the report include collaborative divorce, child protection mediation, permanency planning mediation, and mediation for cases involving...

Community Mediation Trends and Needs: A Study of Virginia and Ten States

Resource Type: Report

Abstract: This study was undertaken to determine what services community mediation centers around the United States are providing and how they are funded, to identify services provided by Virginia's community mediation centers and to identify funding options f...

The Child Custody and Visitation Program in North Carolina: An Evaluation of Its Implementation and Effects

Resource Type: Evaluation

Resource Type: Mediation Efficacy Study

Abstract: This evaluation features an explanation of the program, information about the research project, details of case complexity, case flow, disposition time and manner of disposition, content of custody orders, as well as the results of a parent survey, a...

Court-Ordered Civil Case Mediation in North Carolina: An Evaluation of its Effects

Resource Type: Evaluation

Resource Type: Mediation Efficacy Study

Abstract: This is a comprehensive study of a court-ordered mediation pilot program. The program operates in 13 counties, four of which were analyzed intensively for this study. The study looked at participation rates, settlement rates, satisfaction and cost sa...

Mediation of Interpersonal Disputes: An Evaluation of North Carolina's Programs

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: This study evaluated in depth three of the nineteen community mediation programs in North Carolina. It focused on misdemeanor cases involving court-referred interpersonal disputes. It found that participants were very satisfied with the mediation pro...

Multi-State Assessment of Divorce Mediation and Traditional Court Processing

Resource Type: Evaluation

Resource Type: Mediation Efficacy Study

Abstract: This study assesses a mediation program in one county in each of four states - Florida, Nevada, New Mexico and North Carolina - and compares them to non-program counties. Through an examination of court records and survey data, the author found that ...

Arbitrating High-Stakes Cases: An Evaluation of Court-Annexed Arbitration in a United States District Court

Resource Type: Evaluation

Abstract: The arbitration program in the Middle District of North Carolina as it was evaluated in 1990 contained some innovative features: eligibility up to $150,00, inclusion of contract cases and random assignment to the program. The evaluation, conducted as...

North Carolina Mediated Settlement Conference Program Caseload Statistics

Resource Type: Statistics

Abstract: These statistics provide information about the North Carolina Mediated Settlement Conference Program caseloads from 2002 through 2009. With some exceptions, all civil actions filed in North Carolina Superior Courts are referred to mediated settlement...

The Judicial System in North Carolina

Resource Type: Report

Abstract: This document discusses the judicial system in North Carolina, describing the various courts, programs and actors involved. Also discussed are alternative forms of dispute resolution, including mediation, collaborative law, arbitration, summary jury ...

Court-Ordered Arbitration in North Carolina: An Evaluation of Its Effects

Resource Type: Evaluation

Abstract: This is a comprehensive study of one of the first court-ordered arbitration programs in the country (instituted in 1987). The program operated in three diverse judicial districts (urban, semi-urban and rural) and addressed civil cases involving a da...

Mediated Settlement Conference Program

Resource Type: Program

Abstract: With some exceptions, all civil actions filed in North Carolina Superior Courts are referred to mediated settlement conferences. The website for this statewide program provides a brief history of the program and describes the settlement conference pr...

Mediation Network of North Carolina

Resource Type: Organization

Abstract: The Mediation Network of North Carolina works to support and strengthen community mediation centers in the state. It assists local centers in developing programs, provides mediation resources, promotes mediation education and training programs, works...

North Carolina Dispute Resolution Commission

Resource Type: Organization

Abstract: According to its website, the North Carolina Dispute Resolution Commission 'was established in October of 1995, certifies and regulates mediators, recommends policy, rules and rule revisions regarding dispute resolution in North Carolina courts, prov...