Orange County NC Website
Revised 10/17 <br />the Mediator selected is not available or declines to participate for any reason, the requesting party <br />shall select another person from the List of Mediators. If the party requesting mediation does not select <br />and designate a mediator within 21 days of the request for mediation, the County shall have the right in <br />its absolute discretion to appoint a mediator from its List of Mediators. <br />C. Disqualification of Mediator. Any party may request replacement of the Mediator for good cause. <br />Nothing in this provision shall preclude Mediators from disqualifying themselves. <br />RULE 3. THE MEDIATED SETTLEMENT CONFERENCE <br />A. Where Conference is to be Held. Unless all parties and the Mediator otherwise agree, the mediated <br />settlement conference shall be held in county seat of Orange County. The Mediator shall be responsible <br />for reserving a place, making arrangements for the conference, and giving timely notice of the time and <br />location of the conference to all attorneys, unrepresented parties and other persons or entities required <br />to attend. <br />B. When Conference is to be Held. The mediation shall be completed within 90 days after selection of <br />the Mediator unless all parties to the mediation agree to a different schedule. <br />C. Request to Accelerate or Extend Deadline for Completion. Any party or the Mediator may request <br />the County to accelerate or extend the deadline for completion of the conference. Such request shall <br />state the reasons the acceleration or extension is sought and shall be served by the moving party upon <br />the other parties and the Mediator. Objections to the request must be promptly communicated to the <br />County and to the Mediator. <br />The County, with the concurrence of the designated Mediator, may grant the request by adjusting the <br />time for completion of the conference. <br />D. Recesses. The Mediator may recess the mediation conference at any time and may set times for <br />reconvening. If the Mediator determines the time and place where the conference is to reconvene <br />before the conference is recessed, no further notice is required to persons present at the conference. <br /> <br />E. Project Delay. The mediated settlement conference that results from a construction contract dispute <br />shall not be cause for the delay of the construction project. <br />RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS <br />A. Attendance. <br />1. All parties to the dispute must designate an official representative to attend the mediation. <br />2. “Attendance” means physical attendance, not by telephone or other electronic means. Any <br />attendee representing a party must have authority from that party to bind it to any agreement <br />reached as a result of the mediation. <br />3. Attorneys representing parties may attend the mediation, but are not required to do so. <br />DocuSign Envelope ID: D4C3AF61-7A25-4247-AF54-DF979AA890B6