Orange County NC Website
Browse       Search
DocuSign Envelope ID: B94F2D40-3B3C-47A7-86C2-6F1 B4F92C62C <br /> 5. Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the conference <br /> and conduct it prior to the deadline of completion set by the rules. The Mediator shall strictly <br /> observe deadlines for completion of the conference unless said time limit is changed by <br /> 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 <br /> Mediator 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 <br /> where claims and/or requests for mediation have been filed at the time the amendment takes <br /> 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 /> C. "Claim" is a demand or assertion by a party seeking adjustment or interpretation of Contract terms, <br /> payment of money, extension of time or other relief with respect to the terms of the Contract. The <br /> term "Claim" also includes other disputes and matters in question between the parties to a Contract <br /> involved in the County's building construction renovation and repair projects arising out of or relating <br /> to the Contract or the construction process. Claims must be initiated by a written notice. The <br /> responsibility to substantiate Claims shall rest with the party making the Claim. <br /> D. "Good Cause" generally includes any circumstance beyond the control of a party, which prevents that <br /> party from meeting obligations. When good cause is asserted as an excuse for a party's failure to <br /> appear at a mediation conference or to otherwise comply with the requirements of these Rules, the <br /> Mediator, in his or her sole discretion, will determine whether good cause exists to excuse the party's <br /> failure to appear or otherwise comply with these rules. <br /> RULE 9. TIME LIMITS <br /> A. Any time limit provided for by these Rules may be waived or extended at the sole discretion of the <br /> County, if no Mediator has been selected, and at the discretion of the County with concurrence of the <br /> Mediator if a Mediator has been selected. <br />