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DocuSign Envelope ID:B94F2D40-3B3C-47A7-86C2-6F1B4F92C62C <br /> ORANGECOUNTY <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 <br /> "Contract")governed by Article 8.Ch. 143 of the General Statutes and identified in G.S.§143- <br /> 128(f1)and who is a party to a dispute arising out of the Contract and the construction process <br /> in which the amount in controversy is at least$15,000 may submit a written request to the <br /> County for 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 <br /> to 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 <br /> her 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,said <br /> party must first initiate the dispute resolution process under these rules and attend and participate in <br /> 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 request <br /> for mediation.Such notice shall state the name,address,and phone number of the Mediator selected. If <br /> Revised 10/17 <br />