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A. Authority of Mediator. <br /> 1) Control of Conference. The mediator shall at all times be in control of the <br /> conference and the procedures to be followed. <br /> 2) Private Consultation. The mediator may communicate privately with any <br /> participant or counsel prior to and during the conference. The fact that <br /> private communications have occurred With a participant shall be disclosed to <br /> all other participants at the beginning of the conference. <br /> 3) Scheduling the Conference. The mediator shall make a good faith effort to <br /> schedule the conference at a time that is convenient with the participants, <br /> attorneys and mediator. In the absence of agreement,the mediator shall <br /> select the date for the conference. <br /> B. Duties of Mediator. <br /> 1) The mediator shall define and describe the following at the beginning of the <br /> conference: <br /> a) The process of mediation; <br /> b) The difference between mediation and other forms of conflict resolution; <br /> c) The costs of the mediated settlement conference; <br /> d) That the mediated settlement conference is not a trial, the mediator is not <br /> a judge, and the parties retain their legal rights if they do not reach <br /> settlement; <br /> e) The circumstances under which the mediator may meet and <br /> communicate privately with any of the parties or with any other person; <br /> Whether and under what conditions communications with the mediator <br /> will be held in confidence during the conference; <br /> g) The inadmissibility of conduct and statements as provided by G.S. 7A- <br /> 38.1(1); <br /> h) The duties and responsibilities of the mediator and the participants;and <br /> I) That any agreement reached will be reached by mutual consent. <br /> 2) Disclosure. The mediator has a duty to be impartial and to advise all <br /> participants of any circumstance bearing on possible bias, prejudice or <br /> partiality. <br /> 3) Declaring Impasse. It is the duty of the mediator timely to determine that an <br /> Impasse exists and that the conference should end. <br /> 4) Reporting Results of Conference. The mediator shall report to the SCO or <br /> public owner within 10 days of the conference whether or not an agreement <br /> was reached by the parties. If an agreement was reached,the report shall <br /> state the nature of said agreement. The mediator's report shall inform the <br /> SCO or public owner of the absence of any party known to the mediator to <br /> have been absent from the mediated settlement conference without <br /> permission. The SCO or public owner may require the mediator to provide <br /> statistical data for evaluation of the mediated settlement conference program. <br /> 5) Scheduling and Holding the Conference. It is the duty of the mediator to <br /> schedule the conference and conduct it prior to the deadline of completion set <br /> by the rules. Deadlines for completion of the conference shall be strictly <br /> observed by the mediator unless said time limit is changed by a written order <br /> of the SCO or public owner. <br /> RULE 6. COMPENSATION OF THE MEDIATOR <br /> 5 <br />