Selection of the Mediator

(a) Time Period for Selection. The parties to the dispute shall have twenty-one days from the date of the filing of the Request Form to select a mediator to conduct their mediation and to file an Appointment of Mediator in Prelitigation Farm Nuisance Dispute, Form AOC-CV-821 (Appointment Form). (b) Selection of the Certified Mediator by Agreement. The clerk of superior court shall provide each party to the dispute with a list of certified superior court mediators serving the judicial district encompassing the county in which the Request Form was filed. If the parties are able to agree on a mediator from that list to conduct their mediation, then the party who filed the Request Form shall notify the clerk of superior court by filing an Appointment Form. The Appointment Form shall state: (i) the name, address, and telephone number of the certified mediator selected; (ii) the rate of compensation to be paid to the mediator; and (iii) that the mediator and the parties to the dispute have agreed on the selection and the rate of compensation. (c) Court Appointment of the Mediator. If the parties to the dispute cannot agree on the selection of a certified superior court mediator, then the party who filed the Request Form shall file an Appointment Form with the clerk of superior 4 TOC Rule 3 court, moving the senior resident superior court judge to appoint a certified superior court mediator. The Appointment Form shall be filed with the clerk of superior court within twenty-one days of the date of the filing of the Request Form. The Appointment Form shall state whether any party prefers the mediator to be a certified attorney mediator or a certified nonattorney mediator. If the parties state a preference, then the senior resident superior court judge shall appoint a mediator in accordance with that preference. If no preference is expressed, then the senior resident superior court judge may appoint any certified superior court mediator. As part of the application or annual certification renewal process, all mediators shall designate those judicial districts for which they are willing to accept court appointments. Each designation shall be deemed to be a representation that the designating mediator has read and will abide by the local rules for, and will accept appointments from, the designated district, and will not charge for travel time and expenses incurred in carrying out his or her duties associated with those appointments. A mediator’s refusal to accept an appointment in a judicial district designated by the mediator may be grounds for removal from that district’s court appointment list by the Dispute Resolution Commission (Commission), or by the senior resident superior court judge. The Commission shall provide the senior resident superior court judge of each judicial district a list of those certified superior court mediators requesting appointments in that district. The list shall contain each mediator’s name, address, and telephone number. The list shall be provided to the senior resident superior court judge electronically through the Commission’s website at https://www.ncdrc.gov. The Commission shall promptly notify the senior resident superior court judge of any disciplinary action taken with respect to a mediator on the list of certified mediators for the judicial district. list of certified superior court mediators on (d) Mediator Information Directory. To assist parties in learning more about the qualifications and experience of certified mediators, the Commission shall post a its website at https://www.ncdrc.gov, accompanied by each mediator’s contact information, the judicial districts in which each mediator is available to serve, and whether each mediator is willing to mediate farm nuisance disputes. If a mediator has supplied it to the Commission, the list shall also provide the mediator’s designated attendance method and the mediator’s biographical information, including information about the mediator’s education, professional experience, and mediation training and experience. History Note. 373 N.C. 772; 384 N.C. 737. 5 TOC Rule 4