N.C. Clerk Mediation R. 4

(a) Attendance.

(1) Persons Required to Attend. The following persons shall

attend a mediation:

a. Any person ordered by the clerk to attend.

b. Any nongovernmental entity ordered to attend a mediation

conducted under these rules shall be represented at the

mediation by an officer, employee, or agent who is not the

entity’s outside counsel and who has authority to decide on

behalf of the entity whether, and on what terms, to settle

the matter.

c. Any governmental entity ordered to attend a mediation

conducted under these rules shall be represented at the

mediation by an employee or agent who is not the entity’s

outside counsel and who has authority to decide on behalf

of the entity whether, and on what terms, to settle the

matter; provided, however, that if proposed settlement

terms can be approved only by a governing board, the

employee or agent shall have authority to negotiate on

behalf of the governing board.

d. An attorney ordered to attend a mediation under these

rules has satisfied the attendance requirement when at

least one counsel of record for any person ordered to attend

has attended the mediation.

e. Other persons may participate in a mediation at the

discretion of the mediator.

(2) Attendance Method.

a. Determination.

1. All parties and persons required to attend a

mediation may agree to conduct the mediation in

person, using remote technology, or using a hybrid

of in-person attendance and remote technology.

2. If all parties and persons required to attend the

mediation do not agree on an attendance method

and the mediator has designated in the Mediator

Information Directory that he or she will conduct

mediations only using remote technology, then the

mediation shall be conducted using remote

technology.

3. If all parties and persons required to attend the

mediation do not agree on an attendance method

and the mediator has not selected remote technology

as his or her designated attendance method in the

Mediator Information Directory, then the mediation

shall be conducted in person.

b. Order by Clerk; Mediator Withdrawal. The clerk,

upon motion of a party and notice to the mediator and to

all other parties and persons required to attend the

mediation, may order that the mediation be conducted in

person, using remote technology, or using a hybrid of in-person attendance and remote technology.

If the method of attendance ordered by the clerk is

contrary to the attendance method the mediator has

designated in the Mediator Information Directory, then the

mediator may withdraw from the case under Rule 2(d).

(3) Scheduling. Persons ordered to attend a mediation shall

promptly notify the mediator, after selection or appointment, of

any significant problems that they may have with the dates for

mediation sessions before the completion deadline, and shall

inform the mediator of any problems that arise before an

anticipated mediation session is scheduled by the mediator.

(4) Excusing the Attendance Requirement. Any person may be

excused from the requirement to attend a mediation with the

consent of all persons required to attend the mediation and the

mediator.

(5) Safety Compliance. The mediator and all parties and persons

required to attend a mediation shall comply with all federal,

state, and local safety guidelines that are in place for trial court

proceedings at the time of the mediation.

(b) Finalizing Agreement.

(1) If an agreement is reached at the mediation, in matters that, as

a matter of law, may be resolved by the parties by agreement,

then the parties to the agreement shall reduce the terms of the

agreement to writing and sign the writing. The parties shall

designate a person who will file a consent judgment or a voluntary

dismissal with the clerk, and that person shall sign the mediator’s

report. If an agreement is reached prior to or during a recess of

the mediation, then the parties shall inform the mediator and the

clerk that the matter has been settled and, within ten calendar

days of the agreement, file a consent judgment or voluntary

dismissal with the court.

A designee may sign the agreement on behalf of a party

only if the party does not attend the mediation in person and the

party provides the mediator with a written verification that the

designee is authorized to sign the agreement on the party’s

behalf.

(2) In all other matters, including guardianship and estate matters,

if an agreement is reached upon some or all of the issues at the

mediation, then the persons ordered to attend the mediation shall

reduce the terms of the agreement to writing and sign the writing.

Such agreements are not binding upon the clerk, but may be

offered into evidence at the hearing of the matter and may be

considered by the clerk for a just and fair resolution of the matter.

Evidence of statements made and conduct occurring in a

mediation where an agreement is reached is admissible under

N.C.G.S. § 7A-38.3B(g)(3).

All written agreements reached in such matters shall

include the following language in a prominent location in the

document: “This agreement is not binding on the clerk but will be

presented to the clerk as an aid to reaching a just resolution of

the matter.”

(c) Payment of the Mediator’s Fee. The persons ordered to attend the

mediation shall pay the mediator’s fee as provided by Rule 7.

(d) No Recording. There shall be no stenographic, audio, or video

recording of the mediation process by any participant. This prohibition includes

recording either surreptitiously or with the agreement of the parties.