GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
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HOUSE DRH40313-LL-23 (12/30)
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Short Title: Mediated Settlement Agreements. |
(Public) |
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Sponsors: |
Representatives Bishop, Stam, and Glazier (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to amend the provisions requiring mediated settlement agreements to be in writing and signed by the parties.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A‑38.1(l) reads as rewritten:
"(l) Inadmissibility of negotiations. – Evidence of statements made and conduct occurring in a mediated settlement conference or other settlement proceeding conducted under this section, whether attributable to a party, the mediator, other neutral, or a neutral observer present at the settlement proceeding, shall not be subject to discovery and shall be inadmissible in any proceeding in the action or other civil actions on the same claim, except:
(1) In proceedings for sanctions under this section;
(2) In proceedings to enforce or rescind a settlement of the action;
(3) In disciplinary proceedings before the State Bar or any agency established to enforce standards of conduct for mediators or other neutrals; or
(4) In proceedings to enforce laws concerning juvenile or elder abuse.
As used in this section, the term "neutral observer" includes persons seeking mediator certification, persons studying dispute resolution processes, and persons acting as interpreters.
No settlement agreement to resolve any or all issues reached
at the proceeding conducted under this subsection or during its recesses shall
be enforceable unless it the settlement agreement or some memorandum
or note of the agreement has been reduced to writing and signed by the parties.
party to be charged. No evidence otherwise discoverable shall be
inadmissible merely because it is presented or discussed in a mediated
settlement conference or other settlement proceeding.
No mediator, other neutral, or neutral observer present at a settlement proceeding shall be compelled to testify or produce evidence concerning statements made and conduct occurring in anticipation of, during, or as a follow‑up to a mediated settlement conference or other settlement proceeding pursuant to this section in any civil proceeding for any purpose, including proceedings to enforce or rescind a settlement of the action, except to attest to the signing of any agreements, and except proceedings for sanctions under this section, disciplinary hearings before the State Bar or any agency established to enforce standards of conduct for mediators or other neutrals, and proceedings to enforce laws concerning juvenile or elder abuse."
SECTION 2. G.S. 7A‑38.3B(i) reads as rewritten:
"(i) Agreements. – In matters before the clerk in which agreements are reached in a mediation conducted pursuant to this section, or during one of its recesses, those agreements shall be treated as follows:
(1) Where as a matter of law, a matter may be resolved
by agreement of the parties, a settlement is enforceable only if it the
settlement agreement or some memorandum or note of the agreement has been
reduced to writing and signed by the parties.party to be charged.
(2) In all other matters before the clerk, including guardianship and estate matters, all agreements shall be delivered to the clerk for consideration in deciding the matter."
SECTION 3. G.S. 7A‑38.3D(l) reads as rewritten:
"(l) Written Agreements. – Any agreement reached
in mediation or some memorandum or note of that agreement shall be
reduced to writing and signed by the parties. party to be charged. A
non‑attorney mediator may assist parties in reducing the agreement to
writing."
SECTION 4. G.S. 7A‑38.4A(j) reads as rewritten:
"(j) Evidence of statements made and conduct occurring in a mediated settlement conference or other settlement proceeding conducted under this section, whether attributable to a party, the mediator, other neutral, or a neutral observer present at the settlement proceeding, shall not be subject to discovery and shall be inadmissible in any proceeding in the action or other civil actions on the same claim, except:
(1) In proceedings for sanctions under this section;
(2) In proceedings to enforce or rescind a settlement of the action;
(3) In disciplinary proceedings before the State Bar or any agency established to enforce standards of conduct for mediators or other neutrals; or
(4) In proceedings to enforce laws concerning juvenile or elder abuse.
As used in this subsection, the term "neutral observer" includes persons seeking mediator certification, persons studying dispute resolution processes, and persons acting as interpreters.
No settlement agreement to resolve any or all issues reached
at the proceeding conducted under this section or during its recesses shall be
enforceable unless it the settlement agreement or some memorandum or
note of the agreement (i) has been reduced to writing and signed by the parties
party to be charged and (ii) in all other respects complies
with the requirements of Chapter 50 of the General Statutes. No evidence otherwise
discoverable shall be inadmissible merely because it is presented or discussed
in a settlement proceeding.
No mediator, other neutral, or neutral observer present at a settlement proceeding under this section, shall be compelled to testify or produce evidence concerning statements made and conduct occurring in anticipation of, during, or as a follow‑up to a mediated settlement conference or other settlement proceeding pursuant to this section in any civil proceeding for any purpose, including proceedings to enforce or rescind a settlement of the action, except to attest to the signing of any agreements, and except proceedings for sanctions under this section, disciplinary hearings before the State Bar or any agency established to enforce standards of conduct for mediators or other neutrals, and proceedings to enforce laws concerning juvenile or elder abuse."
SECTION 5. G.S. 8‑110(a) reads as rewritten:
"(a) Evidence of statements made and conduct
occurring during mediation at a community mediation center authorized by G.S. 7A‑38.5
shall not be subject to discovery and shall be inadmissible in any proceeding
in the action or other actions on the same claim, except in proceedings to
enforce a settlement of the action. No such settlement shall be binding unless it
the settlement agreement or some memorandum or note of the agreement has
been reduced to writing and signed by the parties. party to be
charged. No evidence otherwise discoverable shall be inadmissible merely
because it is presented or discussed during mediation."
SECTION 6. This act becomes effective July 1, 2015, and applies to agreements entered into on or after that date.