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In the Supreme Court of North Carolina_1_

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					                        In the Supreme Court of North Carolina

               Creation of the Alternative Dispute Resolution Committee

The Supreme Court finds that there is a need in North Carolina for a single forum to
provide for ongoing coordination and policy direction for the court-sponsored dispute
resolution programs in the state. That is the conclusion of a Task Force on Dispute
Resolution appointed by Chief Justice Henry Frye. The Supreme Court under its
authority to oversee the operation of the courts and to adopt rules of practice and
procedure for the courts that are supplemental to the acts of the General Assembly,
adopts the following rule to address the need for such a single forum.

1. There is hereby created the Alternative Dispute Resolution Committee of the North
Carolina State Judicial Council. The Committee shall consist of twenty-four members,
appointed by the Chief Justice as follows:

          An associate justice of the Supreme Court of North Carolina
          A judge of the North Carolina Court of Appeals, recommended by the Chief
           Judge of that court
          Two superior court judges, serving staggered terms
          Two district court judges, serving staggered terms
          The Chair of the Dispute Resolution Commission or his designee from a
           among the Commission’s members
          Seven attorneys licensed to practice in NC, at least two of whom should be
           neutrals, recommended by the President of the NC Bar Association, serving
           staggered terms
          A custody mediator
          A trial court administrator
          A person active in the work of community settlement centers, who shall not be
           an attorney
          Two professors knowledgeable about dispute resolution, serving staggered
           terms
          The Director of the Administrative Office of the Courts or his designee
          Two citizens interested in dispute resolution programs, who would not be
           eligible for appointment in any other category, serving staggered terms
          Two members of the Judicial Council

2. The Chief Justice shall designate a person to serve as chair, and may designate a
person to serve as vice-chair or co-chair. Except for ex-officio members (AOC Director,
DRC Chair, and Council members), all terms are for four years. No person may serve for
more than two successive full terms. The fact that a person serves on the Dispute
Resolution Commission or in any other official capacity in an activity related to dispute
resolution program does not disqualify that person from serving on the Committee if the
person is otherwise qualified to serve.

3. The Committee shall have the following duties:
          To provide ongoing coordination and policy direction for court-sponsored
           dispute resolution programs in the state
          To provide a forum for the consideration of issues affecting the future
           direction of the court-sponsored dispute resolution movement within the
           North Carolina court system
          To recommend to the Judicial Council guidelines for the appropriate form of
           dispute resolution to be used as a case management tool in cases heard in the
           General Court of Justice
          To monitor the effectiveness of dispute resolution programs and report its
           findings to the State Judicial Council
          To provide a forum for the resolution of inter-program issues that arise among
           the various programs sponsored by the court system
          To serve as a clearing-house for rules that affect dispute resolution programs
           before they are submitted to the Supreme Court for review and adoption

4. The Committee may establish subcommittees as necessary.

5. The State Judicial Council may delegate other duties to the Committee and the State
Judicial Council may also establish supplemental procedures and policies to regulate the
work of the Committee.

6. The Committee may establish liaisons with any groups interested in court-sponsored
dispute resolution programs, such as the Fourth Circuit mediation program, the Industrial
Commission’s mediation program, the Office of Administrative Hearing’s mediation
program, and the Mediation Network of North Carolina.

Adopted by the Court in conference the 13th day of July, 2000.

				
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