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RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES <br /> A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. 143-128(g) <br /> 143-135.26(11),these Rules are promulgated to implement a system of <br /> settlement events which are designated to focus the parties'attention on <br /> settlement rather than on claim preparation and to provide a structured <br /> opportunity for settlement negotiations to take place. Nothing herein is intended <br /> to limit or prevent the parties from engaging in settlement procedures voluntarily <br /> at any time prior to or during commencement of the dispute resolution process. <br /> B. Initiating the Dispute Resolution Process <br /> 1) Any party to a public construction contract governed by Article 8. Ch. 143 of <br /> the General Statutes and identified in G.S. 143-128(g)and who is a party to a <br /> dispute arising out of the construction process in which the amount in <br /> controversy is at least$15,000 may submit a written request to the public <br /> owner for mediation of the dispute. <br /> 2) Prior to submission of a written request for mediation to the public owner,the <br /> parties requesting mediation, <br /> a) If a prime contractor, must have first submitted its claim to the Project <br /> Designer for review as set forth in Exhibit A. If the dispute is not <br /> resolved through the Project Designer's instructions, then the dispute <br /> becomes ripe for mediation in the Formal Dispute Resolution Process, <br /> and the party may submit his written request for mediation to the <br /> public owner. <br /> b) If the party requesting mediation is a subcontractor, it must first have <br /> submitted its claim for mediation to the prime contractor with whom it <br /> has a contract. If the dispute is not resolved through the Prime <br /> Contractor's involvement,then the dispute becomes ripe for mediation <br /> in the Formal Dispute Resolution Process, and the party may submit <br /> its written request for mediation to the public owner. <br /> c) If the party requesting mediation is the Project Designer,then it must <br /> first submit its claim to the public owner to resolve. If the dispute is <br /> not resolved with the public owner's involvement,then the Project <br /> Designers'dispute is ripe for mediation in the Formal Dispute <br /> Resolution Process,and the Project Designer may submit its written <br /> request to the public owner for mediation. <br /> RULE 2.SELECTION OF MEDIATOR <br /> A. Selection of Certified Mediator by Agreement of the Parties. The parties <br /> may select a mediator certified pursuant to the Rules by agreement within 21 <br /> days of requesting mediation. The requesting party shall file with the State <br /> Construction Office(hereinafter collectively referred to as the"SCO")or public <br /> owner if a non-State project a Notice of Selection of Mediator by Agreement <br /> within 10 days of the request; however, any party may file the notice. Such <br /> notice shall state the name, address and telephone number of the mediator <br /> selected;state the rate of compensation of the mediator;state that the mediator <br /> and opposing counsel have agreed upon the selection and rate of compensation; <br /> and state that the mediator Is certified pursuant to these Rules. <br /> 2 <br />