Rule 18.6 - Additional InformationA) Exemptions: Parties may move to waive mediation for "good cause." Good cause is defined as including, but not limited to, the following as set out in General Statute 50-13.11. Showing of undue hardship to a party;2. An agreement between the parties for voluntary mediation, subject to court approval;3. Allegations of abuse or neglect of the minor child;4. Allegations of alcoholism, drug abuse, or spouse abuse;5. Allegations of psychological, psychiatric, or emotional problems.B) Parties desiring an exemption shall complete and submit a Motion to Waive Mediation to the Court Assistant for the assigned judge to review. If the opposing party is represented, the Case Coordinator shall contact the attorney to determine if there is an objection to the motion. A judge will make a decision based on the submission with or without a hearing as determined by the judge. If mediation is exempted, the Civil Court Coordinator will set the matter for trial. a. If an exemption is granted a copy of it must be sent to the mediation office.b. Consent Orders (C.O.), Voluntary Dismissals (V.D.), Judgments, and Separation Agreements. 1. Pending orders do not excuse the parties from attending CMO or Custody Mediation Session. However, the scheduling of orientation may be delayed two (2) weeks while the order is being finalized.2. A copy of the order signed by the parties and judge must be sent to the custody mediator in order for the case to be released. A "true copy" is not required. The order may be faxed to 910-272-5913, placed in the Child Custody Mediator's drop box (located in the Clerk's Office) or hand delivered to the Child Custody Mediator's Office.3. If the order is not received at the end of the two weeks, the parties will be scheduled for the next orientation or a mediation appointment.C) Returning to Mediation: When parties settle in mediation, they may voluntarily return to mediation to discuss modifications to their order. One party calls for the appointment, appointment options are given, and the other party must call to confirm the appointment time before the session is set. When the parties voluntarily return to mediation, the AOC form (AOC-CV-634) "Motion to Modify Custody" is completed during the session and the fee is waived since they settled in mediation. If the parties cannot settle their modification issues, one party shall file the AOC form (AOC-CV-634) "Motion to Modify Custody" with the Clerk of Superior Court to formally reopen their case. An updated copy of the Mediation Coversheet should be file stamped and placed in the box of the Custody Mediator. A Custody Mediation Session will be scheduled, and notices will be sent to parties and attorneys of record.
D)Interpreters for Mediation:a. Court-appointed interpreters can be scheduled for mediation sessions with prior notice. The Mediation Cover Sheet has an area to indicate if an interpreter is needed. The parties shall make sure the mediator knows the language access needs of the parties in advance so the appropriate officials can arrange an interpreter.b. Securing an interpreter for a mediation session can be a challenge so attorneys are requested to help with reminding their clients of any scheduled appointment.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 18.6
Adopted December 21, 2022, effective 1/1/2023.