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means. Any attendee representing a party must have authority from that party <br />to bind it to any agreement reached as a result of the mediation. <br />3. Attorneys representing parties may attend the mediation, but are not required <br />to do so. <br />4. Sureties and insurance company representatives are required to physically <br />attend the mediation unless the Mediator and all of the other parties to the <br />mediation excuse their attendance or consent to their attendance by telephone <br />or other electronic means. <br />5. The parties who attend a duly scheduled mediation conference shall have the <br />right to recover their share of the Mediator's compensation from any party or <br />parties who fail to attend the conference without good cause. <br />B. Finalizing Agreement. If an agreement is reached in the conference, the terms ofthe <br />agreement shall be confirmed in writing and signed by all parties. <br />C. Mediation Fees charged by the Mediator shall be paid in accordance with G.S. § <br />143-128(fl). <br />D. Failure to compensate Mediator. Any party's failure to compensate the <br />Mediators in accordance with G.S. § 143-128(fl) shall subject that party to a <br />withholding of said amount of money from the party's monthly payment by the <br />County. <br />Should the County fail to compensate the Mediator, it shall hereby be subject to a <br />civil cause of action from the Mediator for the 1/3 portion of the Mediator's total <br />fee as required by G.S. § 143-128(fl). <br />RULE 5. AUTHORITY AND DUTIES OF MEDIATORS <br />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 private <br />communications have occurred with a participant shall be disclosed to all other <br />participants at the beginning of the conference. <br />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 select <br />the date for the conference. <br />Page 4 of 6 <br />