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shall be served by the moving party upon the other parties and the mediator. If <br /> any party does not consent to the request, said party shall promptly communicate <br /> its objection to the SCO or public owner. <br /> The SCO or public owner may grant the request by setting a new deadline for <br /> completion of the conference. <br /> D. Recesses. The mediator may recess the conference at any time and may set <br /> times for reconvening. If the time for reconvening is set before the conference is <br /> recessed, no further notification is required for persons present at the <br /> conference. <br /> E. The mediated settlement conference shall not be cause for the delay of the <br /> construction protect which Is the focus of the dispute. <br /> RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE <br /> RESOLUTION PROCESS <br /> A. Attendance. <br /> 1) All parties to the dispute originally presented to the Designer or Prime <br /> Contractor for initial resolution must attend the mediation. Failure of a party to a <br /> construction contract to attend the mediation will result in the public owner's <br /> withholding of monthly payment to that party until such party attends the <br /> mediation. <br /> 2) Attendance shall constitute physical attendance, not by telephone or other <br /> electronic means. Any attendee on behalf of a party must have authority from <br /> that party to bind it to any agreement reached as a result of the mediation. <br /> 3) Attorneys on behalf of parties may attend the mediation but are not required <br /> to do so. <br /> 4) Sureties or insurance company representatives are not required to attend the <br /> mediation unless any monies paid or to be paid as a result of any agreement <br /> reached as a result of mediation require their presence or acquiescence. If such <br /> agreement or presence is required,then authorized representatives of the surety <br /> or insurance company must attend the mediation. <br /> B. Finalizing Agreement. If an agreement is reached in the conference, parties to <br /> the agreement shall reduce its terms to writing and sign it along with their <br /> counsel. <br /> C. The mediation fee shall be paid in accordance with G.S. 143-128(g). <br /> D. Failure to compensate mediator. Any party's failure to compensate the <br /> mediators in accordance with G.S. 143-128(g)shall subject that party to a <br /> withholding of said amount of money from the party's monthly payment by the <br /> public owner. <br /> Should the public owner fall to compensate the mediator, it shall hereby be <br /> subject to a civil cause of action from the mediator for the 113 portion of the <br /> mediator's total fee as required by G.S. 143-128(8). <br /> RULE 5. AUTHORITY AND DUTIES OF MEDIATORS <br /> 4 <br />