Dispute Resolution Commission: Amendments to the Rule
By The North Carolina Dispute Resolution Commission would like to share with the members of the NCBA Dispute Resolution Section amendments the Supreme Court of North Carolina made to the MSC Rules, FFS Rules, Clerk Rules, DRC Rules, and Standards of Professional Conduct. These amendments became effective on Oct. 1, 2021.
The MSC and Clerk Rules were amended to allow a designee to sign a finalized agreement on behalf of a party to the mediation. The party is responsible for providing written proof that the designee has written authority to sign any agreement made on behalf of the party. (MSC Rules 4(c)(4), Rule 10(c)(6) and Rule 10(c)(9)(b), Rule 15(c) and Clerk Rule 4(b)(1).)
Amendments made to MSC Rule 8(a)(5) and FFS Rule 8(a)(7) extends the reporting period for mediators who receive a notice of a grievance, or other disciplinary inquiry from a licensing board, certifying or regulatory body, that requires a response to the issuing body. Mediators will now have 30 days after the due date of the response to notify commission staff of the matter. (Previously, mediators had 30 days from the date of notice to notify the commission staff.) Please note any matters listed within MSC Rule 8(a)(5), and FFS Rule 8(a)(7) still require the mediator to report the matter to commission staff within 30 days of receiving notice of the matter.
Standard 3(d)(5) was amended to allow mediators to defend themselves against a complaint filed by any regulatory body established under the general assembly. DRC Rule 10(b) now provides a 30-day time frame to file an appeal based upon a staff’s denial of an application. Commission staff is always available to assist you with any questions or concerns.
Please email staff at [email protected], or call (919) 890-1415.