N.C. Dist. Crim. Ct. Mediation R. 5

(a) Attendance.

(1) Attendance Required Through the Use of Remote

Technology. A complainant or defendant who has agreed to

attend mediation shall attend the mediation using remote

technology; for example, by telephone, videoconference, or other

electronic means. The mediation shall conclude when an

agreement is reached or when the mediator declares an impasse.

(2) Attendees. The following persons may attend and participate in

mediation:

a. Parents or Guardians of a Minor Party. A parent or

guardian of a minor complainant or defendant who has

been encouraged by the court to attend may attend and

participate in mediation. However, the court shall

encourage attendance by a parent or guardian only in

consultation with the mediator, and the mediator may

later excuse the participation of a parent or guardian if the

mediator determines that the parent or guardian’s

presence is not helpful to the process.

b. Attorneys. Attorneys representing the parties may

attend and participate in mediation. Attorneys may also

participate by advising clients before, during, and after

mediation sessions, including monitoring compliance with

any agreement reached.

c. Others. In the mediator’s discretion, others whose

presence and participation is deemed helpful either to

resolving the dispute or addressing an issue underlying it

may be permitted to attend and participate, unless and

until the mediator determines that their presence is no

longer helpful. Mediators may exclude anyone wishing to

attend and participate, but whose presence and

participation the mediator deems would likely be

disruptive or counterproductive.

(3) Exceptions to the Remote Attendance Requirement.

Notwithstanding the remote attendance requirement in

subsection (a)(1) of this rule, the mediation may be conducted in

person if:

a. the mediator, complainant, and defendant agree to conduct

the mediation in person and to comply with all federal,

state, and local safety guidelines that have been issued; or

b. the court so orders.

(4) Scheduling. The complainant and defendant, and any parent,

guardian, or attorney who will be attending the mediation, will:

a. make a good faith effort to cooperate with the mediator or

community mediation center to schedule the mediation at

a time that is convenient to all participants;

b. promptly notify the mediator or community mediation

center of any significant scheduling concerns that may

impact that person’s ability to be present for mediation;

and

c. notify the mediator or the community mediation center

about any other concern that may impact a person’s ability

to attend and meaningfully participate—for example, the

need for wheelchair access or for a deaf or foreign language

interpreter.

(b) Finalizing Agreement.

(1) Written Agreement. If an agreement is reached at the

mediation, then the complainant and defendant are to ensure

that the terms of the agreement are reduced to writing and signed

by the parties. Agreements that are not reduced to writing and

signed will not be enforceable. If no agreement is reached in

mediation, an impasse will be declared and the matter will be

referred back to the court.

(2) Dismissal Fee. For charges to be dismissed by the district

attorney, unless the parties agree to some other apportionment,

the defendant shall pay a dismissal fee, as set out in

N.C.G.S. § 7A-38.7 and N.C.G.S. § 7A-38.3D(m), to the clerk of

superior court in the county where the case was filed and supply

proof of payment to the community mediation center

administering the program for the judicial district. Payment is to

be made in accordance with the terms of the parties’ agreement.

The center shall, thereafter, provide the district attorney with a

dismissal form, which may be a NCAOC form. In its

discretion, the court may waive the dismissal fee under

N.C.G.S. § 7A-38.3D(m) when the defendant is indigent,

unemployed, a full-time college or high school student, a recipient

of public assistance, or for any other appropriate reason.

The mediator shall advise the parties where and how to pay the

fee.