Sanctions for Failure to Attend Mediation or Pay the Mediator’s Fee

Any person ordered to attend a mediation under these rules who fails to attend or to pay a portion of the mediator’s fee in compliance with N.C.G.S. § 7A-38.3B and these rules without good cause shall be subject to the contempt power of the clerk and any monetary sanctions imposed by the clerk. The monetary sanctions may include, but are not limited to, the payment of fines, attorneys’ fees, the mediator’s fee, expenses, and loss of earnings incurred by persons attending the mediation. Any person seeking sanctions against another person shall do so in a written motion stating the grounds for the motion and the relief sought. The motion shall be served upon all persons ordered to attend the mediation. The clerk may initiate proceedings for sanctions upon his or her own motion by the entry of a show cause order. If the clerk imposes sanctions, then the clerk shall do so, after notice and a hearing, in a written order making findings of fact and conclusions of law. An order imposing sanctions is reviewable by the superior court under N.C.G.S. §§ 1-301.2 to 301.3, and by the appellate courts under N.C.G.S. § 7A-38.1(g). History Note. 373 N.C. 742.