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DocuSign Envelope ID: B94F2D40-3B3C-47A7-86C2-6F1 B4F92C62C <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- <br /> 128(f1). <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 counsel <br /> prior to and during the conference. The fact that private communications have occurred with a <br /> 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, and the <br /> parties retain their legal rights if they do not reach settlement; however, Mediator will advise <br /> all parties that failure to appear at mediation without good cause may result in imposition of <br /> sanctions and may be asserted as a bar to lawsuits by claimants who have failed to exhaust <br /> this administrative remedy. <br /> e. The circumstances under which the Mediator may meet and communicate privately with any <br /> of the parties or with any other person. <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 possible <br /> 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 and <br /> the other parties within 10 days of the conference stating whether or not the parties reached an <br /> agreement. The Mediator's report shall indicate the absence of any party from the mediated <br /> settlement conference without permission or good cause. <br />