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4. Determining good cause for a party's failure to appear at a scheduled <br /> mediation conference. <br /> B. Duties of Mediator. <br /> 1. The Mediator shall define and describe the following at the beginning of the <br /> conference: <br /> a. The process of mediation. <br /> b. The difference between mediation and other forms of conflict <br /> resolution. <br /> c. The costs of the mediated settlement conference. <br /> d. That the mediated settlement conference is not a trial,the Mediator is <br /> not a judge, and the parties retain their legal rights if they do not reach <br /> settlement; however,the Mediator will advise all parties that failure to <br /> appear at mediation without good cause may result in imposition of <br /> sanctions and may be asserted as a bar to lawsuits by claimants who <br /> have failed to exhaust this administrative remedy. <br /> e. The circumstances under which the Mediator may meet and <br /> communicate privately with any of the parties or with any other <br /> person. <br /> f. Whether and under what conditions communications with the <br /> Mediator will be held in confidence during the conference. <br /> g. The inadmissibility of conduct and statements as provided by G.S. <br /> §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 <br /> participants of any possible bias,prejudice or partiality. <br /> 3. Declaring Impasse: The Mediator may determine at any time during the <br /> mediation conference that an impasse exists and that the conference should <br /> end. <br /> 4. Reporting Results of Conference. The Mediator shall submit a written report <br /> to the County and the other parties within 10 days of the conference stating <br /> whether or not the parties reached an agreement. The Mediator's report shall <br /> indicate the absence of any party from the mediated settlement conference <br /> without permission or good cause. <br /> 5. Scheduling and Holding the Conference. It is the duty of the Mediator to <br /> schedule the conference and conduct it prior to the deadline of completion set <br /> by the rules. The Mediator shall strictly observe deadlines for completion of <br /> the conference unless said time limit is changed by agreement of the parties. <br /> Page 5 of 6 <br />