N.C. Farm Nuisance Mediation R. 5

(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 prior to, and during, the mediation.

The fact that private communications have occurred with a

participant shall be disclosed to all other participants at the

beginning of the mediation.

(3) Scheduling the Mediation. The mediator shall make a good

faith effort to schedule the mediation at a time that is convenient

to the participants, attorneys, and mediator. In the absence of

agreement, the mediator shall select the date for 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 differences between mediation and other forms of

conflict resolution;

c. the costs of mediation;

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

not a judge, and that the parties may pursue their dispute

in court if mediation is not successful;

e. the circumstances under which the mediator may meet and

communicate privately with any of the parties, or with any

other person;

f. whether, and under what conditions, communications with

the mediator will be held in confidence during the

mediation;

g. the inadmissibility of conduct and statements as provided

by N.C.G.S. § 7A-38.1(l);

h. the duties and responsibilities of the mediator and the

participants;

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

mutual consent;

j. the fact that subsection (b)(5) of this rule prohibits any

recording of the mediation; and

k. 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

timely when an impasse exists and when the mediation should

end.

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

mediator to schedule and conduct the mediation within the time

frame established by Rule 4. The mediator shall strictly observe

Rule 4 unless an extension has been granted in writing by the

senior resident superior court judge.

(5) 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.