Sanctions for Failure to Attend the Mediated Settlement

Conference or Pay the Mediator’s Fee Any person required to attend a mediated settlement conference or to pay a portion of the mediator’s fee in compliance with N.C.G.S. § 7A-38.4A and these rules who fails to attend the conference or pay the mediator’s fee without good cause shall be subject to the contempt power of the court and any monetary sanctions imposed by the court. 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 conference. A party seeking sanctions against another party or person shall do so in a written motion stating the grounds for the motion and the relief sought. The motion shall be served on all parties and on any person against whom sanctions are being 14 TOC Rule 5 sought. The court may initiate sanction proceedings upon its own motion by the entry of a show cause order. If the court imposes sanctions, it shall do so after notice and a hearing, in a written order making findings of fact and conclusions of law. An order imposing sanctions shall be reviewable upon appeal if the entire record, as submitted, is reviewed to determine whether the order is supported by substantial evidence. History Note. 373 N.C. 708.