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Revised 10/17 <br />ORANGE COUNTY <br />NORTH CAROLINA <br /> <br />DISPUTE RESOLUTION RULES AND PROCEDURES FOR ORANGE COUNTY DESIGN, BUILDING <br />CONSTRUCTION, RENOVATION, AND REPAIR PROJECTS <br /> <br />RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES <br />A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. §143-128(f1) and 143- <br />135.26(11), these Rules are promulgated to implement a mediated settlement program designed to <br />focus the parties’ attention on settlement rather than on claim preparation and to provide an <br />opportunity for orderly settlement negotiations to take place. Nothing herein is intended to limit or <br />prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during <br />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 generally as the <br />“Contract”) governed by Article 8. Ch. 143 of the General Statutes and identified in G.S. § 143- <br />128(f1) and who is a party to a dispute arising out of the Contract and the construction process <br />in which the amount in controversy is at least $15,000 may submit a written request to the <br />County for mediation of the dispute. <br />2. Prior to submission of a written request for mediation to the County, the party requesting <br />mediation should give notice of any and all claims in accordance with their respective contracts, <br />obtain decisions on the claims as required or allowed by their respective contracts, and attempt <br />to resolve the dispute according to the terms and conditions in their respective contracts. The <br />Mediator may adjourn any mediated settlement conference if the Mediator believes, in his or <br />her sole discretion, that the parties have not satisfied all of the terms and conditions of their <br />respective contracts and that doing so will enhance the prospects for a negotiated settlement. <br />C. Condition Precedent to Litigation. Before any party to a Contract may commence a civil action <br />against the County seeking remedies for breach or non-performance of the Contract by the County, said <br />party must first initiate the dispute resolution process under these rules and attend and participate in <br />good faith in the mediated settlement conference. <br />RULE 2. SELECTION OF MEDIATOR <br />A. Mediator Listing. A List of Mediators acceptable to the County is maintained by the County Attorney <br />and that list is incorporated by reference into these Rules. <br /> <br />B. Selection of Mediator. The party requesting mediation shall select a Mediator from the List of <br />Mediators and shall file, with the County, a Notice of Selection of Mediator within 21 days of the request <br />for mediation. Such notice shall state the name, address, and phone number of the Mediator selected. If <br />DocuSign Envelope ID: D4C3AF61-7A25-4247-AF54-DF979AA890B6