Rule 18.5 - General Timeline of Custody MediationA) Mediation cover sheet shall be filed by any litigant or attorney on a litigant's behalf and given to the clerks who will then place the cover sheet in the Mediation box. Only Cases that have filed a Custody Action or Motion for Custody and/or Visitation (not a Temporary Motion due to a DV case under N.C.G.S. Ch 50B or Contempt Issue).i.COVER SHEET FOR CUSTODY MEDIATION.pdfB) The first Notice for Mediation Orientation is the responsibility of the filing Attorney or filing Pro Se Litigant. The responsible party will schedule all parties to attend the Mandatory Custody Mediation Orientation (CMO) class by mailing all litigants and placing a copy of the notices sent in the Mediator's courthouse box or emailing a copy to the Mediator. Parties who have attended a NC Custody Mediation Orientation within the previous 5 years do not need to repeat the orientation but should confirm with the mediator to receive credit for attending.i. CMO classes are generally held on the first Tuesday of each month at 2:00 pm. Parties should allow a minimum of ninety (90) minutes for this class. Children are not permitted in the Orientation.ii.Custody Orientation Notice (Robeson) 2022 Blank.pdfC) Online Option for Orientation: All litigants have the option of completing the online version of the Mediation Orientation before their assigned CMO date. They will not need to attend the In-person Orientation if they complete the online version. The link to the online orientation is located within the CMO notice. D) The second Notice for Mediation Orientation is the responsibility of the Custody Mediator. If any of the litigants miss their 1st date for Orientation, they will automatically be sent a notice for a 2nd Orientation. The mediator will check to see if the parties have been served and if they have been given a proper mailing address. (Contact Mediator asap if address needs to be updated or servicing issue have occurred)E) Custody Mediation Sessions are the responsibility of the Mediator and can occur through In-person Sessions or Online Web Conferences.i. The mediation appointment is scheduled within (30) thirty days of all parties attending CMO class.ii. The Mediator will provide Notices to the Parties and their attorneys of their upcoming Mediation Date.iii. In-person Mediation sessions are held in an available courtroom or will be held in the new Mediation Office located in the basement.iv. Parties should allow two (2) hours for the session and no one other than the litigants may attend the session. All participants in mediation are bound by the statutory requirement of confidentiality. The Mediator shall set the rules of behavior of participants within the session and may call an end to the session at their discretion. The Mediator helps to provide an environment where parents can: a. Engage in problem-solving that focuses on the needs of their children;b. Utilize the strengths of all concerned in reorganizing the family;c. Find ways to provide continuity and stability in the child/children's life;d. Examine their responsibility for their children. The mediator does not decide issues but provides a structure where parents can develop a parenting plan. Parents are not required to reach an agreement in mediation.
F) Draft of Parenting Agreement is sent to parties and attorneys within ten (10) days of the mediation appointment.i. Full Parenting Agreement: If the parties are able to reach a full parenting agreement, the Mediator will prepare a draft and distribute copies to all parties and their attorneys. All areas of custody and visitation will be settled with a full parenting agreement.ii. Partial Parenting Agreement: If a partial agreement is reached, the Mediator will prepare the final draft of Partial Parenting Agreement with the undecided issues identified at the beginning of the draft. Once the Partial Parenting Agreement is finalized and filed with the Clerk of Superior Court, the Mediator will provide an update to the Case Coordinator and the identified undecided issues will heard by the Court.iii. Temporary Parenting Agreement: If the parties sign a Temporary Parenting Agreement, the custody case will remain open until a Final Order is filed either through Mediation or a court proceeding. For all temporary agreements, the Civil Court Coordinator will schedule a Status Conference.G) Review and Proposed Changes Period: Parents and attorneys have (14-30) days to review and for parents to propose any changes. The Mediator works directly with the Parties on the case during this period and updates the attorneys as they progress. A 2nd Mediation Session may be scheduled.H) Signing the Parenting Agreement: Parents will return to the custody mediation office to sign their Parenting Agreement by appointment or may sign by notary and mail the document to the following address.i. Custody Mediation Office: Robeson County Courthouse, 500 N. Elm Street, Box 26, Lumberton, NC 28358I) Finalizing the Parenting Agreement into a Custody Order: A Judge will sign the Parenting Agreement and an Official Court Order/True Copy is sent to parties and attorneys.J) Closing Custody Mediation: Custody Mediation is closed when the Final Parenting Agreement is added to the court file location in the Clerk's Office. If a Partial Parenting Agreement was reached, the Undecided Areas will be calendared for Court.K) Enforcement: Custody Orders developed through Mediation shall have the same force and effect and shall be enforced as any other Court Order.L) Unresolved Cases Closed Out of Mediation: When the Parents are not able to resolve their issues in Mediation, a blue Close Out form is given to the Clerk of Superior Court Office, the Civil Court Coordinator, and the attorneys on the case. The parties may return to Custody Mediation to "try again" before their final court date. They can contact the Mediator to schedule a session.M) Modifications of Existing Parenting Agreements; The parties have the ability to return to mediation on a voluntary basis when custody and/or visitation issues arise and changes to the order need to be considered. The parents should contact the Mediator and they will complete form AOC-CV-634 to reopen their custody case and return to mediation.N) Mediation Termination: The Mediator, in his/her discretion, may terminate the mediation if the Mediator receives information during the course of the mediation process that indicates continuing mediation would be inappropriate for reasons of safety, welfare, or significant psychological dynamics. The Mediator will then report to the attorneys and Civil Court Coordinator that no agreement was reached with the Mediation Close Out form.O) Inadmissibility: All verbal or written communications from either or both the parties to the Mediator or between the parties in the presence of the Mediator in a proceeding pursuant to these Rules are absolutely privileged and inadmissible in Court. Neither the Mediator nor any party or other person involved in mediation under these Rules shall be called to testify as to communications made during or in furtherance of such mediation sessions, provided there is no privilege as to communications made in furtherance of a crime, implied threat, or fraud.P) Correspondence with Attorneys: The Mediator will deliver any written communication to attorneys by fax, email, or the boxes located in the courthouse.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 18.5
Adopted December 21, 2022, effective 1/1/2023.