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A. By Agreement. When the mediator is stipulated by the parties, <br /> compensation shall be as agreed upon between the parties and the mediator <br /> provided that the provision of G.S. 143-128(g)are observed. <br /> B. By Appointment. When the mediator is appointed by the SCO or public <br /> owner,the parties shall compensate the mediator for mediation services at <br /> the rate in accordance with the rate charged for Superior Court mediation. <br /> The parties shall also pay to the mediator a one-time per case administrative <br /> rate in accordance with the rate charged for Superior Court mediation,which <br /> is due upon appointment. <br /> RULE 7. MEDIATOR CERTIFICATION. <br /> All mediators certified in the Formal Dispute Resolution Program shall be properly <br /> certified in accordance with the rules certifying mediators in Superior Court in North <br /> Carolina. * When selecting mediators,the parties may designate a preference for <br /> mediators with a background in construction law or public construction contracting. <br /> Such requirements,while preferred, are not mandatory under these rules. <br /> All mediators chosen must either demonstrate they are certified in accordance with <br /> the Rules Implementing Scheduled Mediated Settlement Conference in Superior <br /> Court or must gain the consent of the SCO or public owner to mediate any dispute in <br /> accordance with these rules. <br /> * Except when otherwise allowed by the SCO or public owner upon the request of <br /> the parties to the mediation. <br /> RULE 8. RULE MAKING <br /> These Rules are subject to amendment by rule making by the State Building <br /> Commission. <br /> These Rules are mandated for State projects when the contracting state entity has <br /> not otherwise adopted its own dispute resolution provision. These rules are optional <br /> for all other projects subject to Article 8, Ch. 143 of the General Statutes. <br /> RULE 9. DEFINITIONS <br /> When the phrase"SCO or public owner" is used in these rules, "SCO" shall apply to <br /> state projects, "public owner"shall apply to non-state public projects. <br /> RULE 10. TIME LIMITS <br /> On state contracts, any time limit provided for by these Rules may be waived or <br /> extended by the SCO for good cause shown. <br /> On non-state contracts,any time limit provided for by these Rules may be waived or <br /> extended by the mediator it appoints for good cause shown. If the mediator has not <br /> yet been appointed,the designer of record shall decide all waivers or extensions of <br /> time for good cause shown. <br /> 6 <br />