The Prelitigation Farm Nuisance Dispute Mediation

Rules of Mediation for Farm Nuisance Disputes

Rule: 4

Jurisdiction: NC

Bluebook Citation: N.C. R. Med. Farm Nuisance 4

(a) When the Mediation Is to Be Completed. The mediation shall be completed within sixty days of either the filing of an Appointment Form that selects a mediator by agreement or the entry of an order that appoints a mediator to conduct the mediation. (b) Extending the Deadline for Completion. The senior resident superior court judge may extend the deadline for completion of the mediation upon the judge’s own motion, upon stipulation of the parties, or upon the suggestion of the mediator. (c) Where the Mediation Is to Be Held. The mediated settlement conference shall be held in any location agreeable to both the parties and the mediator. If the parties cannot agree to a location, then the mediator shall be responsible for reserving a neutral place in the county in which the Request Form was filed, 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. (d) Recesses. The mediator may recess the mediation at any time and may set a time for reconvening, except that the time for reconvening must fall within a thirty-day period from the date of the order appointing the mediator. No further notification is required for persons present at the recessed mediation session. (e) Duties of the Parties, Attorneys, and Other Participants. Rule 4 of the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions is hereby incorporated by reference. (f) Sanctions for Failure to Attend. Rule 5 of the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions is hereby incorporated by reference. History Note. 373 N.C. 772.

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