North Carolina § 8-110 - Inadmissibility of negotiations.

§ 8-110. Inadmissibility of negotiations.

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 has been reduced to writing and signed by the parties against whom enforcement is sought. No evidence otherwise discoverable shall be inadmissible merely because it is presented or discussed during mediation. No mediator shall be compelled to testify or produce evidence in any civil proceeding concerning statements made and conduct occurring in a mediation conducted by a community mediation center authorized by G.S. 7A-38.5. A civil proceeding includes any civil matter in any administrative agency or the General Court of Justice, including a proceeding to enforce a settlement reached at the mediation. For purposes of this subsection, a mediator is a person assigned by the center to conduct the mediation and any staff person employed by the center to provide supervision of that person. This subsection does not excuse a mediator from the reporting requirements of G.S. 7B-301 or G.S. 108A-102. Except as provided in this subsection, no mediator shall be compelled to testify or produce evidence in any criminal misdemeanor or felony proceeding concerning statements made and conduct occurring in a mediation conducted at a community mediation center authorized by G.S. 7A-38.5. A judge presiding over the trial of a felony may, however, compel disclosure of any evidence unrelated to the dispute that is the subject of the mediation if it is to be introduced in the trial or disposition of the felony and the judge determines that the introduction of the evidence is necessary to a proper administration of justice, and the evidence may not be obtained from any other source. For purposes of this subsection, a mediator is a person assigned by the center to conduct the mediation and any staff person employed by the center to provide supervision of that person. This subsection does not excuse a mediator from the reporting requirements of G.S. 7B-301 or G.S. 108A-102. History (1999-354, s. 4; 2015-57, s. 5.) Editor's Note. - Session Laws 2015-57, s. 6, made the addition of "against whom enforcement is sought" at the end of the second sentence of subsection (a) of this section by Session Laws 2015-57, s. 5, applicable to agreements entered into on or after July 1, 2015. Effect of Amendments. - Session Laws 2015-57, s. 5, effective July 1, 2015, added "against whom enforcement is sought" at the end of the second sentence of subsection (a). For applicability, see editor's note. Legal Periodicals. - For article, "Transparency and Disclosure of Medical Errors: It's the Right Thing to Do, So Why the Reluctance?," see 35 Campbell L. Rev. 333 (2013).