N.C. S. Prof'l Cond. Med. Standard 1

As amended through June 18, 2024

Rule Standard 1 - Competency

A mediator shall maintain professional competency in mediation skills and, where a mediator lacks the skills necessary for a particular case, the mediator shall decline to serve or withdraw from serving.

(a) A mediator's most important qualification is the mediator's competence in the procedural aspects of facilitating the resolution of a dispute, rather than the mediator's technical knowledge relating to the subject of the dispute. Therefore, a mediator shall obtain necessary skills and substantive training appropriate to the mediator's areas of practice and advance those skills on an ongoing basis.

(b) If a mediator determines that a lack of technical knowledge impairs or is likely to impair the mediator's effectiveness, then the mediator shall notify the parties and shall withdraw from mediating the dispute if requested by any party.

(c) Beyond disclosure under subsection (b) of this standard, a mediator is obligated to exercise judgment as to whether the mediator's skills or expertise are sufficient given the demands of the case and, if they are not, to decline from serving or withdraw.

N.c. S. Prof'l Cond. Med. Standard 1

373 N.C. 653.
Amended effective 6/18/2024.