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Mediation other than Custody

03/18/2020

Memo from the Dispute Resolution Commission

On Friday, March 13, 2020, Chief Justice Beasley announced that she would be entering an Order, effective Monday, March 16, 2020, containing an emergency directive that all superior court and district court proceedings be scheduled or rescheduled, for a date no sooner than 30 days, unless the proceeding can be conducted remotely. Sunday, March 15, 2020, Chief Justice Beasley and NCAOC Director McKinley Wooten Jr. issued a Memorandum clarifying that all “[n]on-essential court functions that cannot be accomplished through the use of remote technology must be postponed.” Non-essential court functions include court ordered mediated settlement conferences.
 
Therefore, with the consent of all parties, mediations conducted under a DRC program shall be held remotely. If all parties do not agree to waive physical attendance, the conference shall be rescheduled. Rule 4 of the MSC and FFS Rules provides a mediation may be conducted without physical attendance with the agreement of all parties.
 
If you are an attorney representing a client who has a mediated settlement conference scheduled prior to April 12, 2020, all parties to the matter must consent to waive physical attendance, or the matter shall be rescheduled.
 
Please do not hesitate to contact DRC staff at drcmediators@nccourts.org or (919) 890-1415 with any questions or concerns.