Compensation of the Mediator

(a) By Agreement. When the mediator is stipulated to by the parties, compensation shall be as agreed upon between the parties and the mediator. (b) By Order of the Clerk. When the mediator is appointed by the clerk, the parties shall compensate the mediator for mediation services at the rate of $150 per hour. The parties shall also pay the mediator a one-time, per-case administrative fee of $150, due upon appointment. (c) Payment of Compensation. In matters within the clerk’s jurisdiction that, as a matter of law, may be resolved by the parties by agreement, the mediator’s fee shall be paid in equal shares by the parties, unless otherwise agreed to by the parties. Payment shall be due upon completion of the mediation. In all other matters before the clerk, including guardianship and estate matters, the mediator’s fee shall be paid in shares determined by the clerk. A share of a mediator’s fee may only be assessed against the estate of a decedent, a trust or guardianship, or against a fiduciary or interested person upon the entry of a written order making specific findings of fact justifying the assessment of costs. (d) Change of Appointed Mediator. Parties who fail to select a certified mediator within the time set out in the clerk’s order, but desire a substitution after the clerk has appointed a certified mediator, shall obtain the approval of the clerk for the substitution. The clerk may approve the substitution only upon proof of payment to the clerk’s original appointee of the $150 one-time, per-case administrative fee, any other amount owed for mediation services under subsection (b) of this rule, and any postponement fee owed under subsection (f) of this rule, unless the clerk determines that payment of the fees would be unnecessary or inequitable. (e) Indigent Cases. No person ordered to attend a mediation found to be indigent by the clerk for purposes of these rules shall be required to pay a share of the mediator’s fee. Any person ordered by the clerk to attend a mediation may move the clerk for a finding of indigency and ask to be relieved of that person’s obligation to pay a share of the mediator’s fee. The motion shall be heard subsequent to the completion of the mediation, or if the parties do not settle their dispute, subsequent to the conclusion of the dispute. In ruling upon the motion, the clerk shall apply the criteria enumerated in N.C.G.S. § 1-110(a), but shall take into consideration the outcome of the dispute and whether a decision was rendered in the movant’s favor. The clerk shall enter an order granting or denying the person’s request for a finding of indigency. Any mediator conducting a mediation under these rules shall waive the fee requirement for persons found by the court to be indigent. (f) Postponements. (1) As used in subsection (f) of this rule, “postponement” means to reschedule or not proceed with a mediation once a date for the mediation has been scheduled by the mediator. After a mediation 15 TOC Rule 7 has been scheduled for a specific date, a person ordered to attend may not unilaterally postpone the mediation. (2) A mediation may be postponed by the mediator for good cause only after notice by the movant to all persons of the reason for the postponement and a finding of good cause by the mediator. Upon a finding of good cause, a postponement fee shall not be assessed. (3) Without a finding of good cause, a mediator may postpone a scheduled mediation session with the consent of all parties. If the mediation is postponed, a postponement fee of $150 shall be paid to the mediator. However, if the mediation is postponed within two business days of the scheduled date, then the postponement fee shall be $300. Postponement fees shall be paid by the party requesting the postponement. If it is not possible to determine who is responsible, then the clerk shall assess responsibility. Postponement fees are in addition to the one-time, per-case administrative fee provided for in subsection (b) of this rule. A postponement fee shall not be assessed when the mediator is responsible for the postponement. (4) If all persons ordered to attend the mediation select the mediator and they contract with the mediator as to compensation, then the parties and the mediator may specify in their contract alternatives to the postponement fees otherwise required by subsection (f) of this rule. (g) Sanctions for Failure to Pay the Mediator’s Fee. Willful failure of a party to make timely payment of that party’s share of the mediator’s fee (whether the one-time, per-case administrative fee, the hourly fee for mediation services, or any postponement fee), or willful failure of a party contending indigent status to promptly move the clerk for a finding of indigency, shall constitute contempt of court and may result, after notice and a hearing, in the imposition of sanctions by the court under Rule 5. History Note. 373 N.C. 742.