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DocuSign Envelope ID: B94F2D40-3B3C-47A7-86C2-6F1 B4F92C62C <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 <br /> responsible for reserving a place, making arrangements for the conference, and giving timely notice <br /> of the time and location of the conference to all attorneys, unrepresented parties and other persons or <br /> entities required 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 <br /> upon the other parties and the Mediator. Objections to the request must be promptly communicated <br /> to the 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 /> 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 <br /> 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 /> 4. Sureties and insurance company representatives are required to physically attend the mediation <br /> unless the Mediator and all of the other parties to the mediation excuse their attendance or <br /> 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 <br /> shall 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 <br /> with 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 <br /> money from the party's payment or any other moneys owed by that party to the County. <br />