Authority and Duties of the Mediator

(a) Authority of the Mediator. (1) Control of the Mediation. The mediator shall at all times be in control of the mediation 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 mediation. The fact that private communications have occurred with a 6 TOC Rule 5 participant shall be disclosed to all other participants at the beginning of the mediation. (3) Scheduling the Mediation. The mediator shall make a good faith effort to schedule the mediation at a time that is convenient to the participants, attorneys, and mediator. In the absence of agreement, the mediator shall select the date for the mediation. (b) Duties of the Mediator. (1) Informing the Parties. At the beginning of the mediation, the mediator shall define and describe for the parties: a. b. c. d. e. f. g. h. i. j. k. the process of mediation; the differences between mediation and other forms of conflict resolution; the costs of mediation; the fact that mediation is not a trial, that the mediator is not a judge, and that the parties may pursue their dispute in court if mediation is not successful; the circumstances under which the mediator may meet and communicate privately with any of the parties, or with any other person; whether, and under what conditions, communications with the mediator will be held in confidence during the mediation; the inadmissibility of conduct and statements as provided by N.C.G.S. § 7A-38.1(l); the duties and responsibilities of the mediator and the participants; the fact that any agreement reached will be reached by mutual consent; the fact that subsection (b)(5) of this rule prohibits any recording of the mediation; and 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 timely when an impasse exists and when the mediation should end. 7 TOC Rule 5 (4) Scheduling and Holding the Mediation. It is the duty of the mediator to schedule and conduct the mediation within the time frame established by Rule 4. The mediator shall strictly observe Rule 4 unless an extension has been granted in writing by the senior resident superior court judge. (5) No Recording. There shall be no stenographic, audio, or video recording of the mediation process by any participant. This prohibition includes recording either surreptitiously or with the agreement of the parties. History Note. 373 N.C. 772; 384 N.C. 737.