By Judge J. Randolph (“Randy”) Ward

This year marks the 30th anniversary of mediation in North Carolina‘s Workers’ Compensation system, introduced by a pair of North Carolina Bar Association CLEs presented live on September 21, 1992, at the Raleigh’s Velvet Cloak Inn. “Mediation for Workers’ Compensation Counsel” was held in the morning, and “Worker’s Compensation for Mediators” followed after lunch. Video replays were shown through February in Raleigh, Jacksonville and Charlotte. (See brochure, infra.)

When I was appointed to the N.C. Industrial Commission in early 1989, the state and its workforce had outgrown the agency’s resources. North Carolina was at or near the top in attracting new businesses, with an attractive climate and workforce, strong educational assets, and entrepreneurial banks. Industrial employment grew to 29% of the workforce in the early nineties. When I arrived, the Commission had twelve Deputy Commissioner positions, but only nine were hearing cases. I was told that there was a twelve- to eighteen-month backlog of cases awaiting hearings. Although the three Commissioners heard appeals from the Deputy Commissioners’ hearing decisions, I was the only lawyer on the Commission. Read more

By Jim Cooley

The NCBA Dispute Resolution Section (DR Section) started as a committee of the NCBA which imagined a future, first, of court-ordered arbitration for small claims matters and, later, of court-ordered mediation of civil cases throughout the State’s Superior Court Division. Over time, the Committee successfully developed and implemented programs for the court-ordered mediation of most civil disputes in the Superior Courts and many family law disputes in the District Courts. But the world of dispute resolution is being transformed before our eyes, as Colin Rule reminded the participants in the 2021 Conflict Resolution Day program sponsored by DRC. Read more

By Jim Cooley

Jim Cooley here. Vice chairs, like vice presidents, don’t have much productive to do, so I thought I would give you a quick report on the Council’s December 1, 2021, meeting, and the upcoming events in March and May 2022.

Mark your calendar for the section’s CLE on March 18 featuring Ken Feinberg (not to be missed) (kudos to Steve Dunn, John Ong, Colleen Byers and especially Deb Dilman for the planning). Details will be coming soon from the NCBA. As of now [Omicron must be obeyed], the Council plans to meet live as well as via Zoom at the Bar Center at 3 p.m. on March 17. If you are in the area, join Council members at 5:30 for a social hour at nearby Okja K-Pub & Restaurant in Cary. You can then attend the CLE the next day. Please note the in-person policy when you receive the invitations.

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By Tara Kozlowski

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).)

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By Matt Van Sickle

The NCBA Dispute Resolution Section will host a 6-hour CLE on March 11 and 12. The title of the program is “Who Are You? Pleased to Meet Me – What You Know About Yourself and Others, Consciously or Unconsciously,” and will include discussions of the psychology of dispute resolution, unconscious bias, and technology in mediation and arbitration. The 6 hours of credit include 1 credit each for ethics/professional responsibility, substance abuse/mental health, technology training, and continuing mediator education. The Section Council extends its thanks to the planners of this event: Deborah L. Dilman, Steve Dunn, John W. Ong, and Danae C. Woodward.

Also, the Dispute Resolution Section Council recognizes that the current economic situation may be placing financial strain on its members. Therefore, the Council has approved four scholarships to cover the costs of this CLE program. The deadline to complete the application, which can be found at this link, is March 8, 2021.