Beyond Court-Ordered Mediation: Creating a Task Force to Evaluate Future Dispute Resolution Needs of North Carolinians

By Jim Cooley

We move forward.

The Council of the Dispute Resolution Section met on December 7, 2022, with 37 Council members, committee chairs and past section chairs in attendance. Up for discussion were seven possible task force topics and the results of a survey of Council members and other section leaders about those topics. The survey included questions about whether participants would actively participate in a task force and, if so, which of the topics would be their first or second choice. Here is a summary of the survey results:

• 53 surveys sent; 32 returned (60.4%)

• Of the 32 surveys received, 25 indicated an interest in actively participating in one or more of the tasks presented in the survey.

• A breakdown of the survey results, by task, is as follows, showing “Yes” (the section should proceed to study), “No” (the section should not proceed) and the number of survey participants who indicated the task as their first or second choice for participation:

• • Evaluation and Possible Expansion of the Court-Ordered Arbitration Program in District Court
    • Yes—16; No—16; 1,0
  • What Have We Learned from Covid? Possible Rule Changes and Technology Training
    • Yes—29; No—3; 10, 2
  • Pre-Litigation and Online Dispute Resolution: Understanding the New World of DR and the Role of Certified Mediators in it
    • Yes—28; No—4; 6, 8
  • Evaluation and Possible Expansion of Mediation of Disputes Involving Governmental Entities
    • Yes—18; No—10;  0, 2
  • Continuing Relationship Mediation: The Role of the Mediator/Ombudsman in Preserving Institutions (Business and Non-Profit) Facing Significant Internal Conflict
    • Yes-21; No—11; 4, 2
  • Should the Child Custody and Family Financial Mediation Programs Be Expanded to Other Areas of Family Law?
    • Yes-24; No—8; 3, 2
  •  Are There Federal Court Dispute Resolution Services That Could Be Improved?
    • Yes—25; No—7; 2, 2

Based on these survey results and the Council discussion on December 7, 2022, here is where we stand:

• The “Evaluation and Possible Expansion of the Court-Ordered Arbitration Program in District Court” has been referred to the Arbitration Committee for further study.

• The question “Should the Child Custody and Family Financial Mediation Programs Be Expanded to Other Areas of Family Law?” will likely be assigned to a joint task force or study group to be made up of section members to be designated by the chairs of the Family Law and Dispute Resolution Sections, respectively. A representative of Family Law was present for our discussion, and we will await further action by that section as to how it wishes to proceed.

• The “Evaluation and Possible Expansion of Mediation Involving Governmental Entities” was tabled until the remaining tasks have been discussed, refined and prioritized by a Committee on Task Force Organization.

• By unanimous vote pursuant to Article IV, Section 8 of the Bylaws, the Council created a special committee to study, research and prioritize the four remaining tasks and to then make recommendations to Council as to one or more task forces which should be pursued by the section [Committee on Task Force Organization].

The Committee on Task Force Organization has been appointed: Sarah Kromer, Amy Cox-Gruendel, Ann Anderson, Tom Clare, Asa Bell and Jim Gale. I will serve as the convenor. The Committee’s first meeting will be in early February. Take a careful look at the topics which remain for possible study. If you would like to be actively involved in the work of a task force studying one of the four remaining topics, email me at [email protected] and I will call you to discuss your interest. Or, feel free to contact one of the other committee members. Let us hear from you. We need your help in this important work of the section by volunteering to be a thought leader.