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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 />I 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 />