I.C.-Appointed List Requirements
By John C. Schafer
Mediators interested in having their name included on the Commission’s appointed list must comply with ICMSC Rule 8(b) and complete a Declaration of Interest form provided by the Commission. These forms can be obtained by contacting John Schafer at 919-715-2791, or by e-mail at schaferj@ind.commerce.state.nc.us. ICMSC Rule 8(b) provides, in pertinent part, as follows:
If parties have agreed or been ordered to mediate, and cannot agree on the selection of a mediator, the Commission shall appoint a mediator from a list of persons who hold current certification from the Dispute Resolution Commission that they are qualified to carry out mandatory mediations in the Superior Courts of the State, and who have filed a declaration with the Commission, on forms provided by it, stating that:
(1) If an attorney, that declarant remains a member in good standing of the North Carolina State Bar;
(2) The declarant agrees to accept and perform mediations of disputes before the Commission with reasonable frequency when called upon for the fees and at the rates of payment specified by the Commission;
(3) If the declarant desires to be appointed by the Commission to mediate workers’ compensation cases, that he or she has completed N.C. State Bar approved continuing legal education course(s) on workers’ compensation law during the previous two (2) years totaling not less than six (6) hours.
A mediator making such declaration shall immediately notify the Commission when any of the facts declared are no longer accurate. The Commission may require a new declaration on a periodic or intermittent basis. The Commission shall delete from such lists any mediator whose certification from the Dispute Resolution Commission has expired or been revoked.
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N.C. Industrial Commission · Mediation Section · 4342 Mail Service Center · Raleigh, NC 27699-4342