N.C. R. Settlement Proc. Fam. Fin. Rule 9
Rule 9. Certification of Mediation Training Programs
Cite as Rules for Settlement Procedures in District Court Family Financial Cases, Rule 9
(a)
Certified training programs for mediators who are seeking certification
under Rule 8(a)(2)(b) shall consist of a minimum of forty hours of instruction.
The curriculum of such programs shall include the following topics:
(1)
Conflict resolution and mediation theory.
(2)
Mediation process and techniques, including the process and
techniques of mediating family and divorce matters in district
court.
(3)
Communication and information gathering.
(4)
Standards of conduct for mediators, including, but not limited to,
the Standards of Professional Conduct for Mediators.
(5)
Statutes, rules, and practices governing mediated settlement
conferences for family financial matters in district court.
(6)
Demonstrations of mediated settlement conferences, both with
and without attorney involvement.
(7)
Simulations of mediated settlement conferences, involving
student participation as the mediator, attorneys, and disputants,
which shall be supervised, observed, and evaluated by program
faculty.
(8)
An overview of family dynamics, the effect of divorce on children
and adults, and child development.
(9)
Protocols for screening cases for issues involving domestic
violence and substance abuse.
(10)
Satisfactory completion of an exam by all students testing their
familiarity with the statutes, rules, and practices governing
settlement procedures for family financial matters in district
court.
(11)
Technology and how to effectively utilize technology during a
mediation.
(b)
Certified training programs for mediators certified under Rule 8(a) shall
consist of a minimum of sixteen hours of instruction and the curriculum shall include
the topics listed in subsection (a) of this rule. There shall be at least two simulations
as required by subsection (a)(7) of this rule.
(c)
A training program must be certified by the Commission before a
mediator’s attendance at the program may be used to satisfy the training
requirement under Rule 8(a). Certification does not need to be given in advance of
attendance. Training programs attended prior to the promulgation of these rules,
attended in other states, or approved by the ACR may be approved by the Commission
if they are in substantial compliance with the standards set forth in this rule.
The Commission may require attendees of an ACR-approved program to demonstrate
compliance with the requirements of subsection (a)(5) of this rule.
(d)
To complete certification, a training program shall pay all
administrative fees required by the NCAOC, in consultation with the Commission.
History Note.
373 N.C. 708; 378 N.C. 801; 384 N.C. 745.