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RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES <br /> A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. §143-128(fl) <br /> and 143-135.26(11),these Rules are promulgated to implement a mediated <br /> settlement program designed to focus the parties' attention on settlement rather <br /> than on claim preparation and to provide an opportunity for orderly settlement <br /> negotiations to take place. Nothing herein is intended to limit or prevent the <br /> parties from engaging in settlement procedures voluntarily at any time prior to or <br /> during 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 <br /> generally as the"Contract") governed by Article 8. Ch. 143 of the General <br /> Statutes and identified in G.S. § 143-128(fl)and who is a party to a dispute <br /> arising out of the Contract and the construction process in which the amount in <br /> controversy is at least$15,000 may submit a written request to the County for <br /> mediation of the dispute. <br /> 2) Prior to submission of a written request for mediation to the County,the <br /> parties should give notice of any and all claims in accordance with their respective <br /> contracts, obtain decisions on the claims as required or allowed by their respective <br /> contracts, and attempt to resolve the dispute according to the terms and conditions <br /> in their respective contracts. The Mediator may adjourn any mediated settlement <br /> conference if the Mediator believes, in his or her sole discretion,that the parties <br /> have not satisfied all of the terms and conditions of their respective contracts and <br /> that doing so will enhance the prospects for a negotiated settlement. <br /> C. Condition Precedent to Litigation. Before any party to a Contract may <br /> commence a civil action against the County seeking remedies for breach or non- <br /> performance of the Contract by the County, said party must first initiate the <br /> dispute resolution process under these rules and attend the mediated settlement <br /> conference. <br /> RULE 2. SELECTION OF MEDIATOR <br /> A. Mediator Listing. A list of Mediators acceptable to the County is attached to and <br /> incorporated by reference into these Rules. The parry requesting mediation shall <br /> select a Mediator from the designated list. If the County fails to provide a list of <br /> acceptable mediators,the list of Mediators shall be deemed to be the list of <br /> mediators certified by the North Carolina Dispute Resolution Commission to <br /> conduct mediated settlement conferences in the North Carolina Superior Courts. <br /> B. Selection of a Mediator. The party requesting mediation shall select a Mediator <br /> from the County's list of Mediators and shall file,with the County, a Notice of <br /> Selection of Mediator within 21 days of the request for mediation. Such notice <br /> shall state the name, address, and phone number of the Mediator selected. If the <br /> Mediator selected is not available or declines to participate for any reason,the <br /> Page 2 of 6 <br />