N.C. Farm Nuisance Mediation R. 3

(a) Time Period for Selection. The parties to the dispute shall have

twenty-one days from the date of the filing of the Request Form to select a mediator

to conduct their mediation and to file an Appointment of Mediator in Prelitigation

Farm Nuisance Dispute, Form AOC-CV-821 (Appointment Form).

(b) Selection of the Certified Mediator by Agreement. The clerk of

superior court shall provide each party to the dispute with a list of certified superior

court mediators serving the judicial district encompassing the county in which the

Request Form was filed. If the parties are able to agree on a mediator from that list

to conduct their mediation, then the party who filed the Request Form shall notify

the clerk of superior court by filing an Appointment Form. The Appointment Form

shall state: (i) the name, address, and telephone number of the certified mediator

selected; (ii) the rate of compensation to be paid to the mediator; and (iii) that the

mediator and the parties to the dispute have agreed on the selection and the rate of

compensation.

(c) Court Appointment of the Mediator. If the parties to the dispute

cannot agree on the selection of a certified superior court mediator, then the party

who filed the Request Form shall file an Appointment Form with the clerk of superior

court, moving the senior resident superior court judge to appoint a certified superior

court mediator. The Appointment Form shall be filed with the clerk of superior court

within twenty-one days of the date of the filing of the Request Form.

The Appointment Form shall state whether any party prefers the mediator to be a

certified attorney mediator or a certified nonattorney mediator. If the parties state a

preference, then the senior resident superior court judge shall appoint a mediator in

accordance with that preference. If no preference is expressed, then the senior

resident superior court judge may appoint any certified superior court mediator.

As part of the application or annual certification renewal process, all mediators

shall designate those judicial districts for which they are willing to accept court

appointments. Each designation shall be deemed to be a representation that the

designating mediator has read and will abide by the local rules for, and will accept

appointments from, the designated district, and will not charge for travel time and

expenses incurred in carrying out his or her duties associated with those

appointments. A mediator’s refusal to accept an appointment in a judicial district

designated by the mediator may be grounds for removal from that district’s court

appointment list by the Dispute Resolution Commission (Commission), or by the

senior resident superior court judge.

The Commission shall provide the senior resident superior court judge of each

judicial district a list of those certified superior court mediators requesting

appointments in that district. The list shall contain each mediator’s name, address,

and telephone number. The list shall be provided to the senior resident superior court

judge electronically through the Commission’s website at https://www.ncdrc.gov.

The Commission shall promptly notify the senior resident superior court judge

of any disciplinary action taken with respect to a mediator on the list of certified

mediators for the judicial district.

(d) Mediator Information Directory. To assist parties in learning more

about the qualifications and experience of certified mediators, the Commission shall

post a list of certified superior court mediators on its website at

https://www.ncdrc.gov, accompanied by each mediator’s contact information, the

judicial districts in which each mediator is available to serve, and whether each

mediator is willing to mediate farm nuisance disputes. If a mediator has supplied it

to the Commission, the list shall also provide the mediator’s designated attendance

method and the mediator’s biographical information, including information about the

mediator’s education, professional experience, and mediation training and

experience.