Action Requested: Race & Equity Committee of the NCBA Dispute Resolution Section

At the NCBA’s Dispute Resolution Section Council meeting on March 17, 2022, the Council unanimously approved the following motion, made by the Race & Equity Committee:

We move for the NCBA Dispute Resolution Section to adopt an initiative to actively support, promote and encourage the designation and appointment of mediators of color in North Carolina consistent with the NCBA guidelines that seek to develop equity and inclusion and to dismantle systemic racism in our justice system.

Accordingly, the Committee is beginning the “Try Someone New” campaign, in which we plan to circulate a curated list of mediators of color with their backgrounds to legal practitioners in North Carolina who need mediators for their cases and encourage them to consider contacting them when they need mediators.

If you are interested in being included on this curated list, or if you’re interested in supporting this campaign in any other way, please email [email protected] by October 1, 2022. Thank you for your time, and we hope to be a resource for all in this endeavor.

Thank you,
Kerry Burleigh & Peter Singh, Race & Equity Committee Co-chairs
Kate Deiter-Maradei, Project Head

Join us at the Pro Bono Table on February 3!

Mallory Lidaka

Samantha Aktug

By Mallory Lidaka and Samantha Aktug

Hello section members!

We are looking forward to the upcoming NCBA conference at the Grandover next week, the first to be held in person for the past two years! On behalf of the Pro Bono Committee of the Workers’ Compensation Section, we wanted to make you aware of an exciting Pro Bono opportunity for our section members at the 2022 conference. Our section is partnering once again with the North Carolina Bar Foundation (NCBF) and NC Free Legal Answers Pro Bono Program, which allows Bar Association members to provide answers to civil legal questions from financially eligible citizens through a website – not by phone. Attorneys may choose from 25 available legal categories and anonymously respond to a question that fits their legal interests.

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NCBA WC Section Update – January 2021

By Barry Jennings

I hope everyone had an enjoyable holiday season despite all the challenges we continue to face from this enduring pandemic. The Workers’ Compensation Section of the North Carolina Bar Association held its quarterly meeting on January 26, 2021. Several updates came out of the meeting and I wanted to share them with everyone.

Next week, beginning Thursday afternoon, February 4, 2021, the Section is holding its Spring CLE event. This event would typically be held at the Grandover in Greensboro but will be broadcast virtually this year. If you have not signed up, more information can be found here. Jeanette Byrum and Sherman Criner have put together an outstanding program this year with many varied topics. Additionally, if you are a Section member, you will receive a reduced rate!

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IC Enforcement of a Memorandum of Settlement

By Barry Jennings

All,

John Schafer, Deputy Commissioner of the N.C. Industrial Commission, sent the below guidance on the N.C. Court of Appeals’ recently published opinion Mitchell v. Boswell, No. COA19-1077 (N.C. Ct. App. Nov. 3, 2020). The case arose from a dispute over the enforcement of a memorandum of settlement signed by attorneys on behalf of their clients. The court determined that the statute governing superior court mediation, N.C.G.S. § 7A-38.1(l), requires that the settlement agreement contain the signatures of the named parties to the action. Mediators who serve in Industrial Commission (“IC”) cases should note that N.C.G.S. § 7A-38.1(l) is not applicable to IC cases; the statute governing IC mediations is N.C.G.S. § 97-80(c). Additionally, Rules 11 NCAC 23G .0103(g) and .0104(e) of the Rules for Mediated Settlement and Neutral Evaluation Conferences of the North Carolina Industrial Commission govern agreements reached during a mediated settlement conference.

All questions regarding the N.C. Industrial Commission’s Mediation Program should be directed to John Schafer at [email protected].

Getting Your Thoughts on Pro Bono with the Workers’ Compensation Section

Mallory Lidaka

Samantha Aktug

By Mallory Lidaka and Samantha Aktug

As you will recall before the world was overwhelmed with a global pandemic, our Section’s Pro Bono Committee had set up an opportunity at the Annual Meeting to allow members to register for and participate in NC Free Legal Answers. We were happy to see so many of our members enjoyed participating in this event! It is our goal to continue our Section’s Pro Bono efforts even amidst the current state of our practice. We understand that those efforts may look different given the present situation and the uncertainty about when things will begin to change. With that in mind, the Pro Bono Committee would like to hear from you, the members of our Section, about what Pro Bono efforts you are interested in and what you would like to see our Section do from a Pro Bono perspective in the future.

Please click here to take the short survey and let us know your thoughts, ideas, and if you would like to join the Pro Bono Committee. We would love to have you and welcome your input! Thanks for your time, and we look forward to hearing from you.

Webinar: Practical Tips and Considerations for Webex Hearings

By Barry Jennings

On October 22, 2020, the NCBA Workers’ Compensation Section is hosting a free webinar (not approved for CLE credit) featuring Deputy Commissioner Kevin Howell of the North Carolina Industrial Commission. Deputy Commissioner Howell will be presenting “Practical Tips and Considerations for Webex Hearings.” Due to COVID-19, the majority of NCIC hearings are being held via video conference on the Webex platform. All are invited to learn from Deputy Commissioner Howell’s experiences with the platform and be better able to prepare their case and clients for hearings to come. There will be a questions and answer portion at the end of webinar. Please be sure to sign up here. We look forward to your participation and engagement!

NCIC Quarterly Update

By Barry Jennings 

On August 21, 2020, the North Carolina Industrial Commission posted a quarterly update to their website. The update can be found here. The update addresses the upcoming NCIC Educational Conference, the emergency amendment to Rule 11 NCAC 23G, and ways for interested stakeholders to receive updates via email.

Revised Guidelines for In-Person Deputy Commissioner Hearings

By Barry Jennings

The North Carolina Industrial Commission has recently revised its guidelines for In-Person Deputy Commissioner Hearings. Those guidelines can be found here. The revisions came after Chief Justice Beasley’s July 16, 2020, Order and Emergency Directive 21 related to face coverings in courthouses. The Emergency Directive requires all persons in a court facility to wear a face covering except in special circumstances. Please review these guidelines in detail if you have an upcoming In-Person Deputy Commissioner Hearing.

NCIC Guidelines for Hearings during the COVID-19 Pandemic

By Barry Jennings 

The practice of workers’ compensation law in North Carolina continues to adapt to the challenges we all face associated with the COVID-19 Pandemic. Currently, the North Carolina Industrial Commission is primarily holding hearings via video conference on the WebEx platform. In certain limited matters, in person hearings are taking place when ordered by the Deputy Commissioner presiding over the hearing. Recently, the NCIC published Guidelines for In-Person Hearings during the COVID-19 Pandemic.

These guidelines are intended to give practitioners, parties and witnesses to an In-Person NCIC hearing precautions that should be taken during the hearing, including the utilization of face masks and other sanitary measures. It also addresses when individuals should not come to a hearing, such as if they have symptoms associated with COVID-19, confirmed diagnosis of COVID-19 or contact with individuals known to have been diagnosed with COVID-19. If you have a matter that is going to be heard in person, be sure to review the guidelines to enable to the hearing to proceed as safely as possible for all involved.

Ketan Soni Gives Presentation On “Zoom Mediations and Practice Tips”

By Barry Jennings 

On Thursday, May 28, 2020, the NCBA Workers’ Compensation Section hosted an informal discussion regarding the use of the Zoom videoconference platform in the mediation environment. Ketan Soni, partner with Soni Brendle, PLLC in Charlotte, presented on the general use of Zoom, provided tips on how to adjust your settings to most effectively use the platform and offered guidance on how to be successful during the mediation process. It was a jam-packed presentation and should be useful to our practices as we grow more accustomed to using video conferences daily!

You can view another helpful video that Ketan recorded here. In this video, Ketan further highlights the tips he covered in his presentation.