{"data":{"id":"us-nc/n.c.-gen.-stat.-115c-109.4","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 115C-109.4","heading":"Mediation.","body":"(a)\tIt is the policy of this State to encourage local educational agencies and parents to seek mediation involving any dispute under this Article, including matters arising before or after filing a petition under G.S. 115C-109.6.\n(b)\tMediation under this section must meet the following requirements:\n(1)\tThe mediation must be voluntary on the part of both parties.\n(2)\tMediation shall not be used to deny or delay a parent's right to an impartial hearing under G.S. 115C-109.6, or to deny any other rights afforded under this Article or IDEA.\n(3)\tThe mediation shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques.\n(c)\tThe State Board may establish procedures to offer to parties that do not choose to use the mediation process an opportunity to meet with a disinterested party, as provided under IDEA, who can encourage the use and explain the benefits of the mediation process to the parties. This meeting must be at a time and location convenient to the parents.\n(d)\tThe State Board shall maintain a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of special education and related services. When mediation is requested, the Exceptional Children Division of the Department of Public Instruction shall assign a mediator from this list of mediators.\n(e)\tThe State shall bear the cost of the mediation process, including the costs of meetings described under subsection (c) of this section, unless the parties opt to select a mediator other than the mediator assigned under subsection (d) of this section or if the parties opt to use an alternative method of dispute resolution.\n(f)\tEach session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.\n(g)\tEvidence of statements made and conduct occurring in a mediation are confidential, are not subject to discovery, and are inadmissible in any proceeding in the action or other actions on the same claim. However, no evidence otherwise discoverable is inadmissible merely because it is presented or discussed in a mediation. Mediators shall not be compelled in any civil proceeding to testify or produce evidence concerning statements made and conduct occurring in a mediation.\n(h)\tWhen resolution is reached to resolve the dispute through the mediation process, the parties shall execute a legally binding agreement that:\n(1)\tSets forth the agreement.\n(2)\tStates that all discussions that occurred during the mediation process are confidential and may not be used as evidence in any subsequent impartial hearing under G.S. 115C-109.6 or in any civil proceeding.\n(3)\tIs signed by both the parent and a representative of the local educational agency who has the authority to bind that agency.\n(4)\tIs enforceable in any State administrative forum provided for in IDEA, any State court of competent jurisdiction, or in a district court of the United States.\n(i)\tIn addition to mediation as provided by this section, the parties may participate in a mediated settlement conference as provided by G.S. 150B-23.1. In addition, the parties may agree to use other dispute resolution methods or to use mediation in other circumstances, including after a request for formal administrative review is filed, to the extent permitted under State and federal law. (1973, c. 1293, s. 10; 1975, c. 151, ss. 1, 2; c. 563, ss. 8, 9; 1975, 2nd Sess., c. 983, ss. 79, 80; 1981, c. 423, s. 1; c. 497, ss. 1, 2; 1983, c. 247, s. 6; 1985, c. 412, s. 2; 1987, c. 827, s. 1; 1987 (Reg. Sess., 1988), c. 1079, s. 1; 1989, c. 362; 1989 (Reg. Sess., 1990), c. 1058; 1991, c. 540, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 27; 1993, c. 270, s. 1; 1997-115, s. 1; 2006-69, s. 2.)","path":["Chapter 115C. Elementary and Secondary Education.","SUBCHAPTER IV. EDUCATION PROGRAM.","Article 9. Education of Children With Disabilities.","Part 1D. Procedural Safeguards."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C-109.4.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:17:42Z","sha256":"fe9674094ae71ef9710bf92e0cdbb32c9b97f5bbf5e189174ec94300b2330af1","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-115c-109.3","next":"us-nc/n.c.-gen.-stat.-115c-109.5"},"notice":"GroundRules: Original legal text. Not legal advice."}