Mediation Training for Cases Before the Clerk of Court – 10 Hours
The clerk has jurisdiction over five kinds of cases. There is no additional training requirement for mediation in two of them, which include cases involving adoption of minor children, and cases in which foreclosure of real property is involved. However, the clerk does have authority to order mediation in three other categories. Those categories include special proceedings in disputes involving division and location of real property, allegations of adult incompetence, and administration of decedents estates.
Court ordered mediation in North Carolina has been expanded to include mediation in proceedings before the Clerk of Court. The Clerk of Court in North Carolina has two functions: one, to oversee the administrative and clerical aspects of the trial courts and two, to act as a judge in certain types of cases.
Special Proceedings are actions before the Clerk involving a wide range of topics. The ones that may be ordered to mediation by the Clerk involve the partition of jointly owned land or disputed boundary lines between contiguous properties. Persons who are certified by the Dispute Resolution Commission for other programs are eligible to mediate those cases without further course work.
However, contests before the Clerk involving the administration of estates and hearings to determine adult competency and guardianships are disputes that may be ordered to mediation by the Clerk as well. To be eligible to serve as mediator in those cases, mediators must be certified in one of the other programs and take this additional 10-hour course.
This course is a substantive presentation of subjects that are relevant to the administration of decedents’ estates and the medical, psychological, and legal needs of the elderly.
Mediation, Inc. has offered this course live in the past but now offers it on DVD so that you can watch it at your convenience, but under conditions that satisfy the certification requirements of the Dispute Resolution Commission.
Speakers, such as Andy Little, Ken Babb, Dr. Michele Haber, Frank Longest and Kate Mewhinney present important and informative material that will help you conduct mediations before the Clerk of Court. In addition, a panel discussion at the end of the series, including Frank Laney, James Stanford, Michael Haswell, and Mary Ann Dalton, offers the experience and suggestions of mediators and Clerks to help you fulfill your obligations in the Clerks mediation program.
This course is approved by the Dispute Resolution Commission, and it satisfies a necessary training requirement for certification in the Clerks’ Program. Please note that you must be a DRC-Certified Mediator in order to become certified to mediate matters before the Clerk.