Transcendent Life Services, LLC
8480 Honeycutt Road
Suite 200
Raleigh, NC 27615
8480 Honeycutt Road
Suite 200
Raleigh, NC 27615
Excerpts from:
NORTH CAROLINA BAR ASSOCIATION DISPUTE RESOLUTION SECTION
TASK FORCE ON MEDIATION AND THE PRACTICE OF LAW
GUIDELINES FOR THE ETHICAL PRACTICE OF MEDIATION AND
TO PREVENT THE UNAUTHORIZED PRACTICE OF LAW
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NORTH CAROLINA BAR ASSOCIATION DISPUTE RESOLUTION SECTION
TASK FORCE ON MEDIATION AND THE PRACTICE OF LAW
GUIDELINES FOR THE ETHICAL PRACTICE OF MEDIATION AND
TO PREVENT THE UNAUTHORIZED PRACTICE OF LAW
~
MEDIATION in NORTH CAROLINA DEFINED
Given the broad practice of mediation in North Carolina, the term "mediation" is somewhat difficult to define. However, the Dispute Resolution Commission (hereinafter "DRC"), which serves as the governing body for North Carolina's Superior Court mediation program (see Appendix A), has adopted Standards of Professional Conduct which define mediation as follows:
Mediation is a private and consensual process in which an impartial person, a mediator, works with disputing parties to help them explore settlement, reconciliation, and understanding among them. In mediation, the primary responsibility for the resolution of a dispute rests with the parties.
The mediator's role is to facilitate communication and recognition among the parties and to encourage and assist the parties in deciding how and on what terms to resolve the issues in dispute. Among other things, a mediator assists the parties in identifying issues, reducing obstacles to communication, and maximizing the exploration of alternatives. A mediator does not render decisions on the issues in dispute.
Preamble of the Standards of Professional Conduct adopted by the Dispute Resolution Commission in May 1996.
Mediation is practiced in North Carolina by both attorney and non-attorney mediators.
Given the broad practice of mediation in North Carolina, the term "mediation" is somewhat difficult to define. However, the Dispute Resolution Commission (hereinafter "DRC"), which serves as the governing body for North Carolina's Superior Court mediation program (see Appendix A), has adopted Standards of Professional Conduct which define mediation as follows:
Mediation is a private and consensual process in which an impartial person, a mediator, works with disputing parties to help them explore settlement, reconciliation, and understanding among them. In mediation, the primary responsibility for the resolution of a dispute rests with the parties.
The mediator's role is to facilitate communication and recognition among the parties and to encourage and assist the parties in deciding how and on what terms to resolve the issues in dispute. Among other things, a mediator assists the parties in identifying issues, reducing obstacles to communication, and maximizing the exploration of alternatives. A mediator does not render decisions on the issues in dispute.
Preamble of the Standards of Professional Conduct adopted by the Dispute Resolution Commission in May 1996.
Mediation is practiced in North Carolina by both attorney and non-attorney mediators.
MEDIATOR GUIDELINES
- A mediator shall not give legal advice
- A mediator should inform parties to a mediation that the mediator does not provide advice regarding the legal effect of any memoranda of understanding or other summaries of their discussions produced in the mediation session.
- The mediator should discuss with the parties whether the parties should independent counsel before reaching any agreement or signing any document produced in the mediation session.