N.C. Clerk Mediation R. 6

(a) Authority of the Mediator.

(1) Control of the Mediation. The mediator shall at all times be

in control of the mediation and the procedures to be followed.

The mediator’s conduct shall be governed by the Standards of

Professional Conduct for Mediators.

(2) Private Consultation. The mediator may communicate

privately with any participant or counsel prior to, during, and

after the mediation. The fact that private communications have

occurred with a participant before the conference shall be

disclosed to all other participants at the beginning of the

mediation.

(b) Duties of the Mediator.

(1) Informing the Parties. At the beginning of the mediation, the

mediator shall define and describe for the parties:

a. the process of mediation;

b. the costs of mediation and the circumstances in which

participants will not be assessed the costs of mediation;

c. the fact that the mediation is not a trial, that the mediator

is not a judge, and that the parties retain the right to a

hearing if they do not reach a settlement;

d. the circumstances under which the mediator may meet and

communicate privately with the parties or with any other

person;

e. whether, and under what conditions, communications with

the mediator will be held in confidence during the

conference;

f. the inadmissibility of conduct and statements under

N.C.G.S. § 7A-38.3B;

g. the duties and responsibilities of the mediator and the

participants;

h. the fact that any agreement reached will be reached by

mutual consent and reported to the clerk under subsection

(b)(4) of this rule;

i. the fact that Rule 4(d) prohibits any recording of the

mediation; and

j. the fact that the parties may be subject to sanctions for

violating these rules.

(2) Disclosure. The mediator has a duty to be impartial and to

advise all participants of any circumstances bearing on possible

bias, prejudice, or partiality.

(3) Declaring Impasse. It is the duty of the mediator to determine

in a timely manner when an impasse exists and when the

mediation should end. The mediator shall inquire of and consider

the desires of the parties to cease or continue the mediation.

(4) Reporting Results of the Mediation.

a. The mediator shall report to the court in writing on a form

prescribed by the North Carolina Administrative Office of

the Courts (NCAOC) within five days of completing the

mediation whether the mediation resulted in settlement or

whether an impasse was declared. If settlement occurred

prior to or during a recess of the mediation, then the

mediator shall file the report of settlement within five days

of receiving notice of the settlement and, in addition to the

other information required, report on who informed the

mediator of the settlement.

b. The mediator’s report shall identify those persons

attending the mediation, the time spent conducting the

mediation and fees charged for the mediation, and the

names and contact information of the persons designated

by the parties to file a consent judgment or dismissal with

the clerk, as required by Rule 4(b). Mediators shall provide

statistical data for evaluation of the mediation program as

required from time to time by the Commission or the

NCAOC. Mediators shall not be required to send

agreements reached in mediation to the clerk, except in

estate and guardianship matters and other matters which

may be resolved only by order of the clerk.

c. Mediators who fail to report as required under this rule

shall be subject to the contempt power of the court and

sanctions.

(5) Scheduling and Holding the Mediation. It is the duty of the

mediator to schedule and conduct the mediation prior to the

mediation completion deadline set out in the clerk’s order.

The mediator shall make an effort to schedule the mediation at a

time that is convenient to all participants. In the absence of

agreement, the mediator shall select a date and time for the

mediation. The deadline for completion of the mediation shall be

strictly observed by the mediator, unless the deadline is changed

by a written order of the clerk.