MEDIATION AMENDMENTS.

View NCGA Bill Details2013-2014 Session
House Bill 482 (Public) Filed Thursday, March 28, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW REGARDING MEDIATED SETTLEMENT CONFERENCES IN SUPERIOR COURT, MEDIATION IN DISTRICT COURT DOMESTIC CASES, AND THE REGULATION OF MEDIATORS, TO ESTABLISH A DISPUTE RESOLUTION FUND FOR MONIES COLLECTED THROUGH THE EXISTING ADMINISTRATIVE FEE FOR THE CERTIFICATION OF MEDIATORS AND MEDIATION TRAINING PROGRAMS, AND TO MAKE IT UNLAWFUL TO FALSELY REPRESENT ONESELF AS A CERTIFIED MEDIATOR OR TO FALSELY REPRESENT A MEDIATOR TRAINING PROGRAM AS CERTIFIED.
Intro. by T. Moore, Bryan, Glazier, Schaffer.

Status: Ref To Com On Judiciary I (Senate Action) (Apr 16 2013)

Bill History:

H 482

Bill Summaries:

  • Summary date: Apr 1 2013 - More information

    Amends GS 7A-38.1 (Mediated settlement conferences in superior court civil actions) to allow the discovery of and admissibility of statements made and conduct occurring during a mediated settlement conference or other settlement proceeding under the statute, in disciplinary hearings before the State Bar or the Dispute Resolution Commission (was, State Bar or any agency established to enforce standards of conduct for mediators or other neutrals). Makes a conforming change. Makes the same changes to GS 7A-38.4A (Settlement procedures in district court actions), to GS 7A-38.3B (mediation in matters within the jurisdiction of the clerk of superior court), and to GS 7A-38.3D (Mediation in matters within the jurisdiction of the district criminal courts).

    Amends GS 7A-38.2(d) to require that the administrative fee (of up to $200) for the certification and renewal of mediators and mediation training programs be deposited in a Dispute Resolution Fund to support the operations of the Dispute Resolution Commission (Commission) and to be used at the Commission's direction. Also amends the statute to allow the Commission to issue cease and desist letters to individuals falsely representing themselves as certified, or eligible to be certified, or to an individual or firm that falsely represents a mediatory training program as certified, or eligible to be certified. Violations are Class 2 misdemeanor and are subject to a civil penalty not to exceed $500 per day of violation. Requires that the clear proceeds of any civil penalty be remitted to the Civil Penalty and Forfeiture Fund. Allows for injunctions and requires that actions and prosecutions be filed in Wake County courts. Effective December 1, 2013 and applies to offenses committed on or after that date.

    Unless otherwise indicated, effective July 1, 2013 and applies to mediations commenced on or after that date.

     

     


  • Summary date: Mar 28 2013 - More information

    To be summarized at a later date.


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