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DocuSign Envelope ID: B94F2D40-3B3C-47A7-86C2-6F1 B4F92C62C <br /> ORANGE COUNTY <br /> NORTH CAROLINA <br /> DISPUTE RESOLUTION RULES AND PROCEDURES FOR ORANGE COUNTY DESIGN, BUILDING <br /> CONSTRUCTION, RENOVATION, AND REPAIR PROJECTS <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 "Contract") <br /> governed by Article 8. Ch. 143 of the General Statutes and identified in G.S. § 143-128(f1)and <br /> who is a party to a dispute arising out of the Contract and the construction process in which the <br /> amount in controversy is at least$15,000 may submit a written request to the County for <br /> 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 to <br /> 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 her <br /> 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, <br /> said party must first initiate the dispute resolution process under these rules and attend and <br /> participate in 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 /> 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 <br /> request for mediation. Such notice shall state the name, address, and phone number of the Mediator <br /> selected. If the Mediator selected is not available or declines to participate for any reason, the <br /> requesting party shall select another person from the List of Mediators. If the party requesting <br /> mediation does not select and designate a mediator within 21 days of the request for mediation, the <br /> County shall have the right in 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 />