Local Rule LR 83.9c: MEDIATORS

LR 83.9c MEDIATORS

(a) Certification. The clerk shall maintain a list of mediators who have agreed to serve under these rules. The list shall identify areas of subject matter expertise of each mediator according to the categories identified in LR 83.9b(a) and include such biographical information as each mediator may wish to provide. Attorneys who have been certified as mediators pursuant to the rules of the North Carolina Supreme Court and who have a total of at least 8 years of civil trial practice, judgeship on a state or federal court, and/ or membership on the faculty of an accredited law school may serve on the panel of mediators. Appointment to the list does not guarantee any mediator that he or she will be appointed to serve in any case before the Court.

(b) Compensation of Mediators. Mediators under these rules shall be compensated by the parties at an hourly rate and in a manner set by the Chief Judge, except that in the case of an agreed-upon mediator, the parties may agree to greater compensation and expense reimbursement. Unless otherwise agreed by the parties and the mediator, the parties shall make payment directly to the mediator at the termination of the mediated settlement conference, whether or not the case is settled. When a mediator is Court-appointed, the mediator shall be compensated for up to 2 hours of preparation time and for the time expended in the conference, and the only compensable expense of the mediator may be travel mileage at the ordinary government rate. For all mediations, each party or third party represented by separate counsel is responsible for that party's equal share of the mediator's fee and expenses, unless otherwise agreed by all parties or ordered by the Court in the interest of fairness. For purposes of this rule, multiple parties shall be considered one party when they are represented by the same counsel.

(c) Compensation of Mediators when a Party is Unable to Pay. If a party contends it is unable to pay its share of the mediator's fee, that party shall, no later than 7 days after the mediation conference has concluded, file a motion with the Court to be relieved of the obligation to pay. The motion shall be accompanied by an affidavit of financial standing. The mediated settlement conference should proceed without payment by the moving party, and the Court will rule on the motion upon completion of the case. The Court will take into consideration the outcome of the case, whether by settlement or judgment, and may relieve the party of its obligation to pay the mediator if payment would cause a substantial financial hardship. If the party is relieved of its obligation, the mediator shall remain uncompensated as to that portion of his or her fee, a circumstance that reflects the mediator's duty of pro bono service.

(d) Procedure for Mediators to seek a Remedy when a Party Has Not Paid. In the event that a mediator, after reasonable good-faith efforts to collect on an outstanding mediation invoice, has not been paid by a party which has not otherwise been excused by the Court from such payment, the mediator may petition the Court for an order regarding the payment of same. The mediator shall serve such petition upon all parties in a format and with appropriate notices as otherwise required by these Local Civil Rules for non-dispositive motions, and any filing or hearing regarding such petition shall only address the time spent in or preparing for the mediation, allowed administrative fees and expenses, and the purported nonpayment of same. The mediator and the parties shall not disclose any aspect of the mediation conference or the parties' settlement negotiations that is considered "confidential" under these Local Rules or pursuant to any applicable North Carolina court rules or standards of professional conduct governing mediators and court-ordered mediations.