N.C. Clerk Mediation R. 9

(a) Certified training programs for mediators who are seeking certification

as a mediator under these rules for estate and guardianship matters within the

jurisdiction of the clerk shall consist of a minimum of ten hours of instruction.

The curriculum of such programs shall include the following topics:

(1) Factors distinguishing estate and guardianship mediation from

other types of mediation.

(2) The aging process and societal attitudes toward the elderly,

disabled, and persons with a mental illness.

(3) How to ensure full participation of respondents and identifying

interested persons and nonparty participants.

(4) Medical concerns of the elderly, disabled, and persons with a

mental illness.

(5) Financial and accounting concerns in the administration of

estates and financial accounting concerns of the elderly, disabled,

and persons with a mental illness.

(6) Family dynamics relative to the elderly, disabled, and persons

with a mental illness, and relative to deceased persons.

(7) How to assess physical and mental capacity.

(8) The availability of community resources for the elderly, disabled,

and persons with a mental illness.

(9) Principles of guardianship law and procedure.

(10) Principles of estate law and procedure.

(11) Statutes, rules, and forms applicable to mediation conducted

under these rules.

(12) Ethical and conduct issues relevant to mediations conducted

under these rules.

The Commission may adopt guidelines for trainers amplifying these topics and

may set out minimum time frames and materials that trainers shall allocate to each

topic. The guidelines shall be available at the Commission’s office and posted on the

Commission’s website at https://www.ncdrc.gov.

(b) 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(c). Certification does not need to be given in advance of

attendance. Training programs attended prior to the promulgation of these rules or

attended in other states may be approved by the Commission if they are in

substantial compliance with the standards set forth in this rule.

(c) To complete certification, a training program shall pay all

administrative fees required by the NCAOC, in consultation with the Commission.