Rule Standard 8 - Protecting the Integrity of the Mediation ProcessA mediator shall encourage mutual respect between the parties and shall take reasonable steps, subject to the principle of self-determination, to limit abuses of the mediation process.
(a) A mediator shall make reasonable efforts to (i) ensure that a balanced discussion takes place during the mediation, (ii) prevent manipulation or intimidation by either party, and (iii) ensure that each party understands and respects the concerns and the position of the other party-even if they cannot agree.(b) If a mediator believes that the statements or actions of a participant- including those of a lawyer who the mediator believes is engaging in, or has engaged in, professional misconduct-jeopardize or will jeopardize the integrity of the mediation process, then the mediator shall attempt to persuade the participant to cease the participant's behavior and take remedial action. If the mediator is unsuccessful in this effort, then the mediator shall take appropriate steps including, but not limited to, postponing, withdrawing from, or terminating the mediation. If a lawyer's statements or conduct are reportable under Standard 3(d)(8), then the mediator shall report the lawyer to either the North Carolina State Bar or the court having jurisdiction over the matter, in accordance with Rule 8.3(e) of the North Carolina Rules of Professional Conduct.N.c. S. Prof'l Cond. Med. Standard 8
373 N.C. 653; 374 N.C. 1027.
Amended effective 6/18/2024.