N.C. Mediated Settlement Conf. R. 6

(a) Authority of the Mediator.

(1) Control of the Mediated Settlement Conference. The

mediator shall at all times be in control of the mediated

settlement conference 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 mediated

settlement conference. The fact that private communications

have occurred with a participant shall be disclosed to all other

participants at the beginning of the conference.

(b) Duties of the Mediator.

(1) Informing the Parties. At the beginning of the mediated

settlement conference, 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 the mediated settlement conference;

d. the fact that the mediated settlement conference is not a

trial, that the mediator is not a judge, and that the parties

retain their right to a trial if they do not reach settlement;

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 mediated

settlement conference;

g. the inadmissibility of conduct and statements as provided

by N.C.G.S. § 7A-38.1;

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 Rule 4(f) prohibits any recording of the

mediated settlement conference; 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

in a timely manner that an impasse exists and that the mediated

settlement conference should end. The mediator shall inquire of

and consider the desires of the parties to cease or continue the

conference.

(4) Reporting Results of the Mediated Settlement Conference.

a. The mediator shall report to the court the results of the

mediated settlement conference and any settlement

reached by the parties prior to, or during, a recess of the

conference. Mediators shall also report the results of

mediations held in other superior court civil cases in which

a conference was not ordered by the court. The report shall

be filed on a Report of Mediator in Superior Court Civil

Action, Form AOC-CV-813, within ten days of the

conclusion of the conference or within ten days of the

mediator being notified of the settlement, and shall include

the names of the persons who attended the conference, if a

conference was held. If a partial agreement was reached

at the conference, then the report shall state the claims for

relief that were resolved and the names of any parties that

have no claims remaining for trial. Local rules shall not

require the mediator to send a copy of the parties’

agreement to the court.

b. If an agreement upon all issues is reached prior to or at the

mediated settlement conference, or during a recess of the

conference, then the mediator’s report shall state whether

the action will be concluded by consent judgment or

voluntary dismissal and state the name, address, and

telephone number of the person designated by the parties

to file the consent judgment or dismissal with the court.

The mediator shall advise the parties that Rule 4(c)

requires them to file the consent judgment or voluntary

dismissal with the court within thirty days of the

conference, or within ninety days if the State or a political

subdivision of the State is a party to the action, or before

expiration of the mediation deadline, whichever is later.

The mediator shall indicate on the report that the parties

have been so advised.

c. The Commission or the North Carolina Administrative

Office of the Courts (NCAOC) may require the mediator to

provide statistical data for evaluation of the mediated

settlement conference program.

d. A mediator who fails to report as required by this rule shall

be subject to sanctions by the senior resident superior court

judge. The sanctions shall include, but are not limited to,

fines or other monetary penalties, decertification as a

mediator, and any other sanction available through the

court’s contempt power. The senior resident superior court

judge shall notify the Commission of any action taken

against a mediator under this subsection.

(5) Scheduling and Holding the Mediated Settlement

Conference. It is the duty of the mediator to schedule and

conduct the mediated settlement conference prior to the

conference completion deadline set out in the court’s order.

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

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

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

conference. The deadline for completion of the conference shall

be strictly observed by the mediator, unless the deadline is

changed by written order of the senior resident superior court

judge.

A mediator selected by agreement of the parties shall not

delay scheduling or holding a conference because one or more of

the parties has not paid an advance fee deposit as required by the

agreement.