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Revised 10/17 <br />Mediator will advise all parties that failure to appear at mediation without good cause <br />may result in imposition of sanctions and may be asserted as a bar to lawsuits by <br />claimants who have failed to exhaust this administrative remedy. <br />e.The circumstances under which the Mediator may meet and communicate privately <br />with any of the parties or with any other person. <br /> <br />f.Whether and under what conditions communications with the Mediator will be held in <br />confidence during the conference. <br />g.The inadmissibility of conduct and statements as provided by G.S. §7A-38.1(1). <br />h.The duties and responsibilities of the Mediator and the participants. <br />i.That any agreement reached will be reached by mutual consent. <br />2. Disclosure: The Mediator has a duty to be impartial and to advise all participants of any <br />possible bias, prejudice or partiality. <br />3. Declaring Impasse: The Mediator may determine at any time during the mediation conference <br />that an impasse exists and that the conference should end. <br />4. Reporting Results of Conference. The Mediator shall submit a written report to the County <br />and the other parties within 10 days of the conference stating whether or not the parties <br />reached an agreement. The Mediator’s report shall indicate the absence of any party from the <br />mediated settlement conference without permission or good cause. <br />5. Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the <br />conference and conduct it prior to the deadline of completion set by the rules. The Mediator <br />shall strictly observe deadlines for completion of the conference unless said time limit is <br />changed by agreement of the parties. <br />RULE 6. COMPENSATION OF THE MEDIATOR <br />The parties shall compensate the Mediator for mediation services at the rate proposed by the Mediator <br />and agreed to by the parties at the time the Mediator is selected. <br />RULE 7. RULE MAKING <br />These Rules may be amended by the County at any time. Amendments will not affect mediations where <br />claims and/or requests for mediation have been filed at the time the amendment takes effect. <br />RULE 8. DEFINITIONS <br />A. “County” shall mean Orange County North Carolina. <br />B. “Project Designer” is that person or firm stipulated as project designer in the Contract Documents for <br />the project. <br />DocuSign Envelope ID: D4C3AF61-7A25-4247-AF54-DF979AA890B6