Duties of the Parties

(a) Attendance. (1) Attendance Required Through the Use of Remote Technology. A complainant or defendant who has agreed to attend mediation shall attend the mediation using remote technology; for example, by telephone, videoconference, or other electronic means. The mediation shall conclude when an agreement is reached or when the mediator declares an impasse. (2) Attendees. The following persons may attend and participate in mediation: a. b. Parents or Guardians of a Minor Party. A parent or guardian of a minor complainant or defendant who has been encouraged by the court to attend may attend and participate in mediation. However, the court shall encourage attendance by a parent or guardian only in consultation with the mediator, and the mediator may later excuse the participation of a parent or guardian if the mediator determines that the parent or guardian’s presence is not helpful to the process. Attorneys. Attorneys representing the parties may attend and participate in mediation. Attorneys may also participate by advising clients before, during, and after mediation sessions, including monitoring compliance with any agreement reached. 7 TOC Rule 5 c. Others. In the mediator’s discretion, others whose presence and participation is deemed helpful either to resolving the dispute or addressing an issue underlying it may be permitted to attend and participate, unless and until the mediator determines that their presence is no longer helpful. Mediators may exclude anyone wishing to attend and participate, but whose presence and likely be participation the mediator deems would disruptive or counterproductive. (3) Exceptions to the Remote Attendance Requirement. in Notwithstanding subsection (a)(1) of this rule, the mediation may be conducted in person if: the remote attendance requirement a. the mediator, complainant, and defendant agree to conduct the mediation in person and to comply with all federal, state, and local safety guidelines that have been issued; or b. the court so orders. (4) Scheduling. The complainant and defendant, and any parent, guardian, or attorney who will be attending the mediation, will: a. b. c. make a good faith effort to cooperate with the mediator or community mediation center to schedule the mediation at a time that is convenient to all participants; promptly notify the mediator or community mediation center of any significant scheduling concerns that may impact that person’s ability to be present for mediation; and notify the mediator or the community mediation center about any other concern that may impact a person’s ability to attend and meaningfully participate—for example, the need for wheelchair access or for a deaf or foreign language interpreter. (b) Finalizing Agreement. (1) Written Agreement. If an agreement is reached at the mediation, then the complainant and defendant are to ensure that the terms of the agreement are reduced to writing and signed by the parties. Agreements that are not reduced to writing and signed will not be enforceable. If no agreement is reached in mediation, an impasse will be declared and the matter will be referred back to the court. 8 TOC Rule 5 to (2) Dismissal Fee. For charges to be dismissed by the district attorney, unless the parties agree to some other apportionment, the defendant shall pay a dismissal fee, as set out in N.C.G.S. § 7A-38.7 and N.C.G.S. § 7A-38.3D(m), to the clerk of superior court in the county where the case was filed and supply proof of payment the community mediation center administering the program for the judicial district. Payment is to be made in accordance with the terms of the parties’ agreement. The center shall, thereafter, provide the district attorney with a dismissal form, which may be a NCAOC form. In its discretion, the court may waive the dismissal fee under N.C.G.S. § 7A-38.3D(m) when indigent, unemployed, a full-time college or high school student, a recipient of public assistance, or for any other appropriate reason. The mediator shall advise the parties where and how to pay the fee. the defendant is History Note. 373 N.C. 757; 374 N.C. 987.