Compensation of the Mediator and Sanctions

(a) By Agreement. When a mediator is selected by agreement of the parties, compensation shall be as agreed upon between the parties and the mediator. Notwithstanding the terms of the parties’ agreement with the mediator, subsection (e) of this rule shall apply to an issue involving compensation of the mediator. Subsections (d) and (f) of this rule shall apply unless the parties’ agreement provides otherwise. (b) By Court Order. When the mediator is appointed by the court, 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 $175, which accrues upon appointment. (c) Change of Appointed Mediator. Parties who fail to select a mediator and then desire a substitution after the court has appointed a mediator shall obtain court approval for the substitution by filing a Consent Order for Substitution of Mediator, Form AOC-CV-836. The court may approve the substitution only upon proof of payment to the court’s original appointee of the $175 one-time, per-case administrative fee, any other amount due for mediation services under subsection (b) of this rule, and any postponement fee owed under subsection (f) of this rule. (d) Payment of Compensation by the Parties. Unless otherwise agreed to by the parties or ordered by the court, the mediator’s fee shall be paid in equal shares by the parties. Payment shall be due upon the completion of the mediated settlement conference. (e) Inability to Pay. Any party found by the court to be unable to pay its full share of the mediator’s fee shall not be required to do so. Any party required to pay a share of a mediator’s fee under subsections (b) and (c) of this rule may move the court for relief using a Petition and Order for Relief from Obligation to Pay All or Part of Mediator’s Fee in Family Financial Case, Form AOC-CV-828. In ruling upon the motion, the court may consider the income and assets of the movant and the outcome of the dispute. The court shall enter an order granting or denying the party’s motion. The court may require that one or more shares be paid out of the marital estate. Any mediator conducting a mediated settlement conference under these rules shall accept as payment in full of a party’s share of the mediator’s fee that portion paid by, or on behalf of, the party pursuant to a court order issued under this rule. (f) Postponements and Fees. (1) As used in subsection (f) of this rule, “postponement” means to reschedule or not proceed with a mediated settlement conference once a date for the conference has been scheduled by the mediator. After a conference has been scheduled for a specific date, a party may not unilaterally postpone the conference. 18 TOC (2) Rule 7 A mediated settlement conference may be postponed by a mediator for good cause only after notice by the movant to all parties of the reason for the postponement and a finding of good cause by the mediator. Good cause exists when the reason for the postponement involves a situation over which the party seeking the postponement has no control, including, but not limited to: (i) the illness of a party or attorney, (ii) a death in the family of a party or attorney, (iii) a sudden and unexpected demand by the court that a party or attorney for a party appear in court for a purpose not inconsistent with the guidelines established by Rule 3.1(d) of the General Rules of Practice for the Superior and District Courts, or (iv) inclement weather exists, such that travel is prohibitive. Where good cause is found, the mediator shall not assess a postponement fee. (3) The settlement of a case prior to the scheduled date for mediation shall be good cause for postponement; provided, however, that the mediator was notified of the settlement immediately after it was reached and at least fourteen calendar days prior to the date scheduled for the mediation. (4) Without a finding of good cause, a mediator may also postpone a scheduled mediated settlement conference session with the consent of all parties. A fee of $150 shall be paid to the mediator if the postponement is allowed. However, if the request for a postponement is made within seven calendar days of the scheduled date for mediation, then the postponement fee shall be $300. The postponement fee shall be paid by the party requesting the postponement, unless otherwise agreed to by the parties. Postponement fees are in addition to the one-time, per-case administrative fee provided for in subsection (b) of this rule. (5) If the parties select a certified mediator and 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 under subsection (f) of this rule. Comment Comment to Rule 7(b). Court-appointed the court may require that party to pay the mediators may not be compensated for travel mediator’s fee and related expenses. time, mileage, or any other out-of-pocket expenses associated with a court-ordered mediation. Comment to Rule 7(f). Nonessential requests for postponements work a hardship on parties and mediators and serve only to inject Comment to Rule 7(d). If a party is found delay into a process and program designed to by the court to have failed to attend a mediated expedite litigation. It is expected that mediators settlement conference without good cause, then will assess a postponement fee in all instances where a request does not appear to be absolutely 19 TOC Rule 7 warranted. Moreover, mediators are encouraged where, in the mediator’s judgment, the mediation not to agree to a postponement in instances could be held as scheduled. History Note. 373 N.C. 708; 374 N.C. 1009; Order Dated 11 December 2024.