N.C. R. Prac. Super. & Dist. Ct. 13

As amended through June 18, 2024

Rule 13 - MEDIATED SETTLEMENT CONFERENCE S

13.1 Mediated Settlement Conference

Pursuant to NCGS § 7A-38.1(c), Judicial District 20A is subject to the Rules For Mediated Settlement Conferences And Other Settlement Procedures In Superior Court Civil Actions as codified by the Office of Administrative Counsel, Supreme Court of North Carolina on May 1,2023.

All Civil Superior Court cases filed in the 20A Judicial District must have mediated settlement conferences in accordance with the Supreme Court Rules, EXCEPT:

(a) Actions in which a party is seeking the issuance of an extraordinary writ;

(b) Appeals from the revocation of a motor vehicle operator's license; and,

(c) Foreclosure appeals from the Clerk

13.2 All communications with the court concerning mediated settlement conferences in the 20A Judicial District should be addressed to:

Stephanie Hinson, Court Manager

Post Office Box 698

Albemarle, NC 28002-0698

Telephone Number: 704-986-7016

Facsimile Number: 704-986-7017

Emai l: stephanie.h.hinson@nccourts .org

13.3Time Standards

A case shall be calendared for mediation as soon as practical after the following events:

(a) For cases filed in Judicial District 20A, the lapse of 30 days after the filing of the answer or the last required pleading. For cases filed outside of the district and venue is changed to Judicial District 20A, the mediation deadlines which apply in Judicial District 20A shall be used.

(b) The filing of a consent request for mediation signed by all attorneys of record and all parties not represented by attorneys.

(c) The filing of a request by one or more of the attorneys or unrepresented parties, with notice to all other attorneys or unrepresented parties, setting forth good cause for an expedited mediation and a finding by the Senior Resident Superior Court Judge of good cause for the expedited mediation.

13.4 Designation of a Mediator by Agreement of Parties

Within twenty-one days of the court's order, the parties may, by agreement, designate a mediator who is certified under these rules. A Designation of Mediator in Superior Court Civil Action, Form AOC-CV-812 (Designation Form), must be filed with the court within twenty-one days of the court's order. See Appendix 3. The 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, 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. A copy of this form shall also be submitted to the Court Manager by U.S. mail or e-mail.

13.5Appointment 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 a Designation Form, requesting, on behalf of the parties, that the Senior Resident Superior Court Judge appoint a mediator. The Designation Form must be filed within twenty-one days of the court's order and shall state that the attorneys for the parties have discussed the designation of a mediator and have been unable to agree.

Upon receipt of a Designation Form requesting the appointment of a mediator, or in the event that the parties fail to file a Designation 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 designated 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

13.6 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

13.7 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. See Appendix 4. 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.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 13

Adopted May 30, 2023, effective 5/30/2023.