Intermediary : a bridge between the Dispute Resolution Commission and N.C.'s certified mediators [2008 : July, v.7 : no.1]

A Bridge between the Dispute Resolution Commission and North Carolina ’s Certified Mediators Volume 7, Issue 1 Commission Members Judge Sanford L. Steelman, Jr.. Chair NC Court of Appeals P.O. Box 888 Raleigh, NC 27602 Julius E. Banzet. Ill, Esq. Banzet, Banzet & Thompson, P.L.L.C. P.O. Box 535 Warrenton, NC 27589 from the Chair By Judge SanforcCL. SteeCman, Jr. Jessie M. Conley, Esq. Pressly Thomas & Conley, P.A. 224 Harrill Street Statesville, NC 28677 Sherman Lee Criner, Esq. The Worker’s Compensation Law Firm P.O. Box 7275 Wilmington, NC 28406 Judge Martha H. Curran Clerk of Superior Court P.O. Box 37971 Charlotte, NC 28237-797 1 Edward C. Hay, Jr. Pitts, Hay & Hugenschmidt, P.A. 137 Biltmore Avenue Asheville, NC 28801 Wayne Huckel Kennedy, Covington, Attorneys at Law 214 North Tryon Street Charlotte, NC 28202 A few weeks ago you should have reeeived an e-mail from the Commis¬ sion’s office. That e-mail requested your comment on proposed changes to our Supreme Court’s Standards of Professional Conduct for Mediators. I hope that you will take a moment to read the Standards and to reflect on the changes highlighted. Then, please relay your thoughts to the Commission. (If you no longer have the e-mail, the proposed revisions are posted for com¬ ment on the Commission’s web site are www.ncdrc.org.) These proposals mark the first effort by the Commission to systematically review the Standards since their inception in 1998. The work was princi¬ pally done by an Ad Hoc Committee established by the Commission to re¬ view not only the Standards, but the Supreme Court’s Rules for the Dispute Resolution Commission which set forth the procedures by which the Stan¬ dards are enforced. The Commission’s Standards, Discipline, and Advisory Opinions Committee, working in conjunction with the North Carolina Bar Association’s Dispute Resolution Section, addressed Standard III separately. The work of both Committees is reflected in the draft that was recently dis¬ tributed to all certified mediators for comment. In addition to certified me¬ diators, the Commission is seeking comment from a number of organiza¬ tions, including: the North Carolina State Bar, the North Carolina Bar Asso¬ ciation, the North Carolina Association of Defense Attorneys and the North Carolina Academy of Trial Lawyers. N. Lawrence Hudspeth, III, Esq. Law Offices of Lana S. Warlick P.O. Box 1393 Jacksonville. NC 28541-1393 Judge W. David Lee Superior Court Judges Office P.O. Box 829 Monroe, NC 281 11-0829 The review of the Standards took about two years to complete. The Com¬ mission has wrestled with some new concepts and concerns. For example, what does a lawyer or therapist mediator do when the ethical obligations he/ she must observe in his/her profession conflict with his/her ethical duties as a certified mediator? This question will undoubtedly arise in the future. Other issues that were addressed during this review process were initially raised by certified mediators who felt that the Standards fell short in provid¬ ing them with the guidance they needed in certain situations. ( continued on page 2 ) Page 1