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means. Any attendee representing a party must have authority from that party <br /> to bind it to any agreement reached as a result of the mediation. <br /> 3. Attorneys representing parties may attend the mediation, but are not required <br /> to do so. <br /> 4. Sureties and insurance company representatives are required to physically <br /> attend the mediation unless the Mediator and all of the other parties to the <br /> mediation excuse their attendance or consent to their attendance by telephone <br /> or other electronic means. <br /> 5. The parties who attend a duly scheduled mediation conference shall have the <br /> right to recover their share of the Mediator's compensation from any party or <br /> parties who fail to attend the conference without good cause. <br /> B. Finalizing Agreement. If an agreement is reached in the conference,the terms of <br /> the agreement shall be confirmed in writing and signed by all parties. <br /> C. Mediation Fees charged by the Mediator shall be paid in accordance with G.S. § <br /> 143-128(fl). <br /> D. Failure to compensate Mediator. Any party's failure to compensate the <br /> Mediators in accordance with G.S. § 143-128(fl) shall subject that party to a <br /> withholding of said amount of money from the party's monthly payment by the <br /> County. <br /> Should the County fail to compensate the Mediator, it shall hereby be subject to a <br /> civil cause of action from the Mediator for the 1/3 portion of the Mediator's total <br /> fee as required by G.S. § 143-128(fl). <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 <br /> conference and the procedures to be followed. <br /> 2. Private Consultation. The Mediator may communicate privately with any <br /> participant or counsel prior to and during the conference. The fact that private <br /> communications have occurred with a participant shall be disclosed to all <br /> other participants at the beginning of the conference. <br /> 3. Scheduling the Conference. The Mediator shall make a good faith effort to <br /> schedule the conference at a time that is convenient with the participants, <br /> attorneys and Mediator. In the absence of agreement, the Mediator shall select <br /> the date for the conference. <br /> Page 4 of 6 <br />