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RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES <br />A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. §143-128(fl) <br />and 143-135.26(11), these Rules are promulgated to implement a mediated <br />settlement program designed to focus the parties' attention on settlement rather <br />than on claim preparation and to provide an opportunity for orderly settlement <br />negotiations to take place. Nothing herein is intended to limit or prevent the <br />parties from engaging in settlement procedures voluntarily at any time prior to or <br />during commencement of the dispute resolution process. <br />B. Initiating the Dispute Resolution Process <br />1) Any party to a County public construction contract (referred to herein <br />generally as the "Contract") governed by Article 8. Ch. 143 of the General <br />Statutes and identified in G.S. § 143-128(fl) and who is a party to a dispute <br />arising out of the Contract and the construction process in which the amount in <br />controversy is at least $15,000 may submit a written request to the County for <br />mediation of the dispute. <br />2) Prior to submission of a written request for mediation to the County, the <br />parties should give notice of any and all claims in accordance with their respective <br />contracts, obtain decisions on the claims as required or allowed by their respective <br />contracts, and attempt to resolve the dispute according to the terms and conditions <br />in their respective contracts. The Mediator may adjourn any mediated settlement <br />conference if the Mediator believes, in his or her sole discretion, that the parties <br />have not satisfied all of the terms and conditions of their respective contracts and <br />that doing so will enhance the prospects for a negotiated settlement. <br />C. Condition Precedent to Litigation. Before any party to a Contract may <br />commence a civil action against the County seeking remedies for breach or non- <br />performance of the Contract by the County, said party must first initiate the <br />dispute resolution process under these rules and attend the mediated settlement <br />conference. <br />RULE 2. SELECTION OF MEDIATOR <br />A. Mediator Listing. A list of Mediators acceptable to the County is attached to and <br />incorporated by reference into these Rules. The party requesting mediation shall <br />select a Mediator from the designated list. If the County fails to provide a list of <br />acceptable mediators, the list of Mediators shall be deemed to be the list of <br />mediators certified by the North Carolina Dispute Resolution Commission to <br />conduct mediated settlement conferences in the North Carolina Superior Courts. <br />B. Selection of a Mediator. The party requesting mediation shall select a Mediator <br />from the County's list of Mediators and shall file, with the County, a Notice of <br />Selection of Mediator within 21 days of the request for mediation. Such notice <br />shall state the name, address, and phone number of the Mediator selected. If the <br />Mediator selected is not available or declines to participate for any reason, the <br />Page 2 of 6 <br />