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DocuSign Envelope ID:12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC <br /> Mediator will advise all parties that failure to appear at mediation without good cause <br /> may result in imposition of sanctions and may be asserted as a bar to lawsuits by <br /> claimants who have failed to exhaust this administrative remedy. <br /> e.The circumstances under which the Mediator may meet and communicate privately <br /> with any 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 <br /> possible 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 <br /> and the other parties within 10 days of the conference stating whether or not the parties <br /> reached an agreement.The Mediator's report shall indicate the absence of any party from the <br /> mediated settlement conference without permission or good cause. <br /> 5.Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the <br /> conference and conduct it prior to the deadline of completion set by the rules.The Mediator <br /> shall strictly observe deadlines for completion of the conference unless said time limit is <br /> changed by 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 Mediator <br /> 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 where <br /> claims and/or requests for mediation have been filed at the time the amendment takes 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 /> Revised 10/17 <br />