Rules of Mediation for Matters Before the Clerk of Superior Court
Rule: 3
Jurisdiction: NC
Bluebook Citation: N.C. R. Med. Clerk Super. Ct. 3
(a) Where the Mediation Is to Be Held. The mediated settlement conference shall be held in any location agreeable to the parties and the mediator. If the parties cannot agree on a location, then the mediator shall be responsible for reserving a neutral place in the county where the action is pending, for making arrangements for the conference, and for giving timely notice of the time and location of the conference to all attorneys, pro se parties, and other persons required to attend. (b) When the Mediation Is to Be Held. The clerk’s order issued under Rule 1(c)(3) shall state a deadline for completion of the mediation. The mediator shall set a date and time for the mediation under Rule 6(b)(5) and shall conduct the mediation before the deadline, unless the deadline is extended by the clerk. 8 TOC Rule 3 (c) Extending Deadline for Completion. The clerk may extend the deadline for completion of the mediation upon the clerk’s own motion, upon stipulation by the parties, or upon the suggestion of the mediator. (d) Recesses. The mediator may recess the mediation at any time and may set times for reconvening that are prior to the deadline for completion. If the time for reconvening is set before the mediation is recessed, then no further notification is required for persons present at the mediation. (e) The Mediation Is Not to Delay Other Proceedings. The mediation shall not be the cause for the delay of other proceedings in the case, including the completion of discovery, the filing or hearing of motions, or the hearing of the matter, except by order of the clerk. History Note. 373 N.C. 742.
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