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Revised 10/17 <br />4. Sureties and insurance company representatives are required to physically attend the <br />mediation unless the Mediator and all of the other parties to the mediation excuse their <br />attendance or consent to their attendance by telephone or other electronic means. <br />5. The parties who attend a duly scheduled mediation conference shall have the right to recover <br />their share of the Mediator’s compensation from any party or parties who fail to attend the <br />conference without good cause. <br />B. Finalizing Agreement. If an agreement is reached in the conference, the terms of the agreement shall <br />be confirmed in writing and signed by all parties. <br />C. Payment of Mediation Fee: Mediation Fees charged by the Mediator shall be paid in accordance with <br />G.S. § 143-128(f1). <br />D. Failure to Compensate Mediator. Any party’s failure to compensate the Mediators in accordance <br />with G.S. § 143-128(f1) shall subject that party to a withholding by the County of said amount of money <br />from the party’s payment or any other moneys owed by that party to the County. <br />Should the County fail to compensate the Mediator, it shall hereby be subject to a civil cause of action <br />from the Mediator for the County’s portion of the Mediator’s total fee as required by G.S. § 143-128(f1). <br /> <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 conference and the <br />procedures to be followed. <br />2.Private Consultation. The Mediator may communicate privately with any participant or <br />counsel prior to and during the conference. The fact that private communications have occurred <br />with a participant shall be disclosed to all other participants at the beginning of the conference. <br />3.Scheduling the Conference. The Mediator shall make a good faith effort to schedule the <br />conference at a time that is convenient with the participants, attorneys and Mediator. In the <br />absence of agreement, the Mediator shall select the date for the conference. <br />4.Determining good cause for a party’s failure to appear at a scheduled mediation conference. <br />B.Duties of Mediator. <br />1.The Mediator shall define and describe the following at the beginning of the conference: <br />a.The process of mediation. <br />b.The difference between mediation and other forms of conflict resolution. <br />c.The costs of the mediated settlement conference. <br />d.That the mediated settlement conference is not a trial, the Mediator is not a judge, <br />and the parties retain their legal rights if they do not reach settlement; however, the <br />DocuSign Envelope ID: D4C3AF61-7A25-4247-AF54-DF979AA890B6