7.1 N.C.G.S. § 7A-38.1, Mediated Settlement Conferences in Superior Court Civil Actions, and the Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions, shall govern mediation procedures.7.2 The Mediated Settlement Conference should be completed at least 45 days before trial. Upon stipulation of the parties, the suggestion of the mediator, or upon the Court's own motion, the date for completion of the mediated settlement conference may be extended by the filing of form AOC-DRC-19. "Order Without Motion Extending Completion Date for Mediated Settlement Conference or Other Settlement Procedure Upon Stipulation of the Parties, Suggestion of the Mediator, or Upon the Court's Own Motion" (APPENDIX H). If the parties do not agree to extend the date for completion of the mediated settlement conference, at least one party may file a request for hearing using form AOC-CV-835, "Motion and Order Extending Completion Date for Mediation Settlement Conference or Other Settlement Procedure" (APPENDIX I).7.3 Litigants are encouraged to timely select a mediator who is appropriate for the case. If the parties do not agree on a mediator, the Court will appoint one. See Rule 2.1.7.4Will Caveats (ref. N.C.G.S. § 31-33). Cases involving caveats to Wills shall be placed on the next available motions calendar for parties to be aligned, and motions to be addressed in accordance with Rule 16 of the North Carolina Rules of Civil Procedure. Caveats will subsequently be ordered into the mediation process and will not be placed on a trial calendar until a mediated settlement conference is conducted or the matter has been removed from mediation by order of the Court. It shall be the responsibility of the attorney for the caveator(s) to notify the TCC of the filing of the case and the names and addresses of all parties or attorneys to whom correspondence should be sent.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 7.0
Adopted August 15, 2022, effective 7/1/2023.