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DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E <br /> 4. Sureties and insurance company representatives are required to physically attend the <br /> mediation unless the Mediator and all of the other parties to the mediation excuse their <br /> attendance or 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 shall <br /> 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 with <br /> 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 money <br /> from the party's payment or any other moneys owed by that party to the County. <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. § 143-128(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 <br /> counsel prior to and during the conference.The fact that private communications have occurred <br /> with a 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, <br /> and the parties retain their legal rights if they do not reach settlement; however,the <br /> Revised 07/20 <br />