N.C. Mediated Settlement Conf. R. 2

(a) Designation of a Mediator by Agreement of the Parties. By

agreement, the parties may designate a mediator certified under these rules by filing

a Designation of Mediator by Agreement of Parties in Superior Court Civil Action and

Order of Appointment, Form AOC-CV-812 (Designation Form), requesting that the

senior resident superior court judge approve the designation. The Designation Form

shall be filed within twenty-one days of the court’s order. The plaintiff or plaintiff’s

attorney should file the Designation Form; however, any party may file the

Designation Form. The party filing the Designation Form shall serve a copy on all

parties and the mediator designated to conduct the mediated settlement conference.

The Designation Form shall state: (i) the name, e-mail address, address, and

telephone number of the mediator; (ii) the rate of compensation of the mediator; (iii)

that the mediator and opposing counsel have agreed upon the designation and rate

of compensation; and (iv) that the mediator is certified under these rules.

(b) Appointment of a Mediator by the Court. If the parties cannot

agree on the designation of a mediator, then the plaintiff or the plaintiff’s attorney

shall notify the court by filing an Appointment of Mediator by Court Order in

Superior Court Civil Action, Form AOC-CV-840 (Mediator Appointment Form),

requesting that the senior resident superior court judge appoint a mediator.

The Mediator Appointment Form shall be filed within twenty-one days of the court’s

order and shall state that the parties have discussed the designation of a mediator

and have been unable to agree.

Upon receipt of a Mediator Appointment Form, or in the event that the parties

fail to file a Designation Form or a Mediator Appointment Form with the court within

twenty-one days of the court’s order, the senior resident superior court judge shall

appoint a mediator certified under these rules who has expressed a willingness to

mediate actions within the senior resident superior court judge’s district.

In appointing a mediator, the senior resident superior court judge shall rotate

through a list of available certified mediators. Appointments shall be made without

regard to race, gender, religious affiliation, or whether the mediator is a licensed

attorney. The senior resident superior court judge shall retain discretion to depart

from a strict rotation of mediators when, in the judge’s discretion, there is good cause

in a case to do so.

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

shall designate the judicial districts in which they are willing to accept court

appointments. Each designation is 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 the district’s appointment list by the Dispute Resolution

Commission (Commission) or the senior resident superior court judge.

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

judicial district a list of 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 available on 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.

(c) Mediator Information Directory. To assist the parties in

designating a mediator, 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 and the judicial districts in which each mediator is available to

serve. 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.

(d) Withdrawal or Disqualification of the Mediator.

(1) Any party may move the senior resident superior court judge of

the judicial district where the action is pending for an order

disqualifying the mediator using a Notice of

Withdrawal/Disqualification of Mediator and Order for

Substitution of Mediator, Form AOC-DRC-20. For good cause, an

order disqualifying the mediator shall be entered.

(2) A mediator who wishes to withdraw from a case may file a Notice

of Withdrawal/Disqualification of Mediator and Order for

Substitution of Mediator, Form AOC-DRC-20, with the senior

resident superior court judge of the judicial district where the

action is pending.

(3) If a mediator withdraws or is disqualified, then a substitute

mediator shall be designated or appointed under this rule.

A mediator who has withdrawn or been disqualified shall not be

entitled to receive an administrative fee, unless the mediation has

been commenced.